Divorce, sometimes called a matrimonial action, is the legal ending of a marriage by court order. In New York only the State Supreme Court, not family court, handles divorce cases. While family courts do not handle divorce cases, they handle other divorce-related issues including: child custody, support, and visitation; spousal maintenance; and paternity rights. A person seeking a divorce must go to the Supreme Court in the county in which he or she or the spouse lives. If you or someone you know is considering divorce, contact a skilled and knowledgeable divorce attorney in Brooklyn NY.
Grounds & Requirements for Divorce
If a person and their spouse have lived apart for at least one year and a separation agreement is in place, they may file for divorce in New York. Conversely, a person seeking a divorce in New York may file on the grounds of (1) cruel and inhuman treatment, (2) abandonment by a spouse for over a year; (3) adultery; or (4) the spouse’s imprisonment for more than three years.
Moreover, there is a residency requirement and waiting period in order to file for divorce in New York. One of the following scenarios must apply: (1) one of the spouses has lived in the state for at least two years; (2) the spouses lived in New York as a married couple and either one has lived in New York for at least one year; or (3) the spouses were married in New York and one has lived in New York for at least one year. There is no formal waiting period, however, for a New York judge to enter a divorce decree.
Other Issues to Consider
Under New York law, marital property is divided equitably. In other words, assets and liabilities are divided between the spouse in a fair – not necessarily equal – manner. Several factors are considered by a court when dividing marital property, including future financial circumstances, tax consequences to each spouse, the need for a custodial parent to stay in the family home, and the value of the assets. Likewise, courts may order one spouse to pay the other alimony based on the length of the marriage, each spouse’s potential earning capacity, the ability for the receiving spouse to become self-sufficient, and each spouse’s monetary or homemaking contributions to the marriage. Finally, courts determine child support obligations – which run until the child turns 21 – based on the combined income of both parents and child custody or visitation orders are determined with the best interest of the child in mind.
Divorce Lawyer Brooklyn
Couples considering or facing divorce should contact an experienced divorce attorney in Brooklyn NY to learn about rights and obligations that come with such a life-changing decision. The attorneys at the offices of Alatsas Law Firm have years of experience counseling clients in family law issues, providing legal guidance every step of the way. Call (718)-233-2903 today to schedule your initial consultation.