Staten Island, NY- If your marriage is in trouble and divorce is the next step; you may not know where to begin or what you need to do. Getting a divorce is an emotionally wrought time, so it helps to know what the process entails and how New York’s divorce laws treat issues like child custody and property division.
Firstly, you must decide if you are filing for no-fault or a fault divorce. The majority of couples file for no-fault divorce because it is usually an easier process. No-fault divorce is appropriate when both spouses agree they have irreconcilable differences, and their marriage has been broken down for at least six months.
A New York divorce judge will only grant a no-fault divorce if a couple can come to an agreement on child custody, child support, property division and spousal support. A couple can do this through mediation if they are unable to negotiate without the help of a third party. Once you resolve these issues, you can obtain a court order and have judge finalize your divorce.
Filing for a fault divorce is not as simple as filing for a no-fault divorce which is appropriate when one spouse objects to the divorce. You have grounds to file for a fault divorce based on cruel and inhumane treatment (physical abuse), abandonment for a minimum of 12 months adultery or incarceration for at least three years after your marry or infidelity.
It is important to note that a fault divorce can become a long and protracted process, sometimes taking months perhaps over a year to resolve. If you are considering a fault divorce, you need to speak with a divorce lawyer in Staten Island, New York to explain what your divorce is going to entail and help you through all stages of your divorce.
You can also file for divorce for divorce if you and your spouse have been separated for at least a year.
New York is an equitable division state so property will be divided between both spouses as equitably as possible. Equitable division does not mean everything is divided equally; it means property and assets are divided depending on several factors: length of your marriage, the value of the property to be divided and the financial circumstances of each spouse. Whatever properties each spouse before they were married will remain their property after divorce unless they are willing to give it up.
A New York divorce settlement can include spousal support if needed to maintain a spouse’s and a child’s customary standard of living. When it comes to child custody, New York family courts base their decision by considering the best interests of the child or children. If you and your spouse cannot agree on visitation, living arrangements and other issues that may arise.
Those are some of the basic things you need to know about filing for divorce in New York. USAttorneys recommends you contact a divorce lawyer in New York to explain the process and help you get through it.