The decision to split with one’s spouse permanently is usually not made overnight and there are often profoundly serious triggers that cause a person to believe they can no longer value their wedding vows. In New York, individuals who have decided to split can do so through a no-fault divorce or a fault-based divorce.
In a no-fault divorce, at least one of the parties must attest that the marriage has broken down and can not be repaired and has been like this for at least the last 6 months. Fault-based divorce, on the other hand, is different and to file for this a person must prove that their spouse committed adultery, abandoned them, or treated them in a very cruel and inhumane manner. Fault-based divorce can also occur if one of the spouses has been imprisoned for three consecutive years.
For this legal separation to take place in New York, the couple must meet the following criteria:
- They were married in the state and one of the spouses must be a resident of the state for at least one year before the divorce was filed.
- They resided in the state as a married couple and at least one of them have resided in the state for one year before the divorce was filed
- At least one party is a resident of the state for at least two years before the divorce was filed
Filing for divorce is never an easy decision to make and when a person is at that point in their life where they have decided to move on, it is highly beneficial to call a divorce attorney to discuss the legalities with. Many individuals make the mistake of trying to negotiate with the other party on their own and this usually results in them walking away with a much smaller share then what they deserve once the divorce is over.
How is property divided after a divorce in Queens, New York?
In New York, equitable distribution laws are used to divide marital assets. This means that the assets will be divided equitably and not necessarily in an equal manner. If a prenuptial agreement was decided on beforehand, then that will be prioritized over the equitable distribution laws.
The court will consider various factors when dividing the assets such as the income of each party, the age and health of each party, and the improper usage of assets by any of the spouses among other factors.
The emotional exhaustion of a divorce can be overwhelming on its own. The last thing anyone needs is to have to worry about the legalities of their separation when they already have so much on their mind.
Get in touch with a divorce attorney at the Law Office of Charles Zolot today to get advice on your divorce case.
Reach us at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640