Frequently Asked Questions on NY Divorce Mediator
My spouse and I want to file for divorce, but we don’t know what we need to decide upon to file for divorce.
To file for divorce in New York State, you first must meet the jurisdictional requirements (in other words, the residency requirements), then decide upon whether you are filing for a no fault divorce or fault divorce. Once these have been met, then you need to demonstrate to the court that you have equitably distributed your assets, considered spousal support, if applicable, and if there are children, you have the additional issues to be resolved of (a) parenting and decision-making, (c) parenting time, also referred to as visitation, and (c) child support.
What are the jurisdictional requirements in New York?
A New York court must have jurisdiction of the marriage in order to decide upon a divorce matter. In New York, the jurisdictional requirements are met if any of the following apply: (a) you were married in NY and either spouse has resided in NY for at least 1 year immediately preceding the filing of divorce, (b) you resided in NY as a married couple and either spouse is a resident of NY at the time of the filing for divorce for at least one year immediately preceding the filing; (c) if filing for cause/fault, if the cause occurred in New York and either spouse has been residing in New York for at least one year immediately preceding the filing; (d) if filing for cause/fault, if the cause occurred in New York and both spouses are residing in New York at the time of the filing; (d) either spouse has been a resident of New York for a continuous period of at least two years immediately preceding the filing for divorce.
If I spend more time with the children, do I get to reduce my child support payments?