Once the court gives a judgment of divorce, the marital property, debts, child support, child custody, spousal support, and any other matter related to the marriage will be finalized. Going through a separation is not easy and both individuals will have to deal with the emotional aspect of the divorce as well as the legal aspect as well. To make the process smoother, a person should make sure they call a divorce attorney in Queens, New York as soon as possible to help them with the legalities of the case so their burdens are significantly lifted.
To file a valid divorce, to begin with, at least one of the following conditions must be met:
- The marital relationship has broken down and can not be repaired, and this state has lasted for at least 6 months
- One of the spouses is treated in a cruel and inhumane manner
- One of the spouses has abandoned the other for at least one year
- One of the spouses goes to jail for at least three years
- One of the spouses commits adultery
In other cases, if both spouses signed an agreement of separation that was signed before a notary and they have followed the rules of it for at least one year, they may be granted a divorce as well. When a person converts their separation agreement into a proper divorce, it is called a conversion divorce.
Since getting a divorce is a permanent decision, the court does everything it can to ensure that both parties really want the separation and that they are not just going through a difficult patch in their relationship and acting in haste.
How is property distributed after a divorce in Queens, New York
If any of the above conditions are met, then an attorney can help a person file for a legal divorce. It is important to note that in the case that a person is filing for divorce due to the irretrievable breakdown of their relationship, the court will only grant the final divorce after all debts, property, and matters regarding the children are properly settled. The property is divided equitably after the separation, which means that the court will decide who deserves how much based on their income, their contribution to the marriage, and their current expenses.
In New York, divorce can occur for any of the above-mentioned reasons, and it usually occurs on a no-fault basis where both parties agree to end the marriage due to their inability to continue living happily together. A New York court can govern a divorce case if at least one of the two partners is a resident of New York who lived there for at least one year before filing.
Get in touch with a divorce lawyer at the Law Office of Charles Zolot to get advice and start filing a divorce case.
Reach us at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640