What You Should Know Before You File for Divorce in New York

What You Should Know Before You File for Divorce in New YorkEach state has its laws for divorce.  In New York, there are both “no-fault” and “fault-based” divorces.  It is important to understand both types and the ramifications they might have. Let’s discuss what you should know before you file for divorce in New York below.


What is a “No-Fault” Divorce in New York?


In a “no-fault” divorce, neither spouse is pointing blame at the other spouse for the end of the marriage. There must be a irretrievable breakdown in the marriage for at least six months.  This means that the marriage is not repairable and at least one of the parties wish to end the marriage.  Neither spouse is held accountable for the marriage ending in a “no-fault” divorce. 


What is a “Fault-Based” Divorce in New York?


In a “fault-based” divorce, one or both spouses may have participated in infidelity, mental or physical abuse, or abandonment.  The abandonment would have to be for a period of one year or more to constitute a “fault-based” divorce. A “fault” divorce can also include if a spouse was in prison for three or more years.  Furthermore, if the spouses lived separately from each other based on a separation agreement or decree.


To file for divorce in New York, either spouse must have lived in the state for at least two years before filing.. Alternatively, the couple can meet residency requirements if they lived in New York for one year immediately before filing, were married in the state, or lived there as a married couple, or if the grounds for divorce occurred in New York and both spouses reside there when filing. r

What Does Equitable Distribution in New York Entail?


New York State is an equitable distribution state, which means that marital property is to be divided up in a fair way but does not necessarily mean equal. There are many different factors that go into determining how assets will be divided in a divorce in New York. The court will consider factors like the length of the marriage and what contributions each spouse made to marital property when they filed for divorce.


A New York Judge Will Focus on the Best Interest of the Children


Again, many factors will go into determining child custody and child support in New York. The court and judge will consider each parent’s relationship with the children, the children’s needs, and the ability of each parent to care for the child. Also, the judge will evaluate if there was any child abuse or domestic violence involved in the case. 


How is Child Support Determined in New York


In New York, child support is determined by the Child Support Standards Act.  This Act provides a formula to calculate child support that is based on the number of children and combined income of the parents.


Need Assistance with Divorce in New York?


Call Sabra Law Group today to discuss your divorce questions and start the divorce process.  Call (646) 472-7971 today and take the first step to getting your life back on track.






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