Divorce Laws in New York

New York Divorce Law: The Ins and Outs

Divorce is never easy, but in New York State, it’s a bit more complicated than in other places. If you’re considering filing for divorce in the Empire State, there are a few things you need to know.

• • Grounds for Divorce

First and foremost, New York divorce law allows a range of causes when it comes to filing for divorce. Adultery is a common reason for divorce, but there are other legitimate causes as well. For instance, if your spouse is imprisoned for over three years after your marriage or leaves you voluntarily for over a year, you can file for divorce. Alternatively, you can file for a separation period before full divorce proceedings, then use this trial separation to justify the legal dissolution of a marriage. In cases where one spouse inflicts cruel and inhuman treatment on the other, such as in cases of domestic violence, that can also be grounds for divorce.

• • Asset Division and Child Custody

Another factor to consider when filing for divorce is the distribution of assets and child custody after the divorce. If both spouses can agree on these matters, they don’t need to go through court proceedings. However, if there’s a disagreement, the judge will decide on the division of assets, access to children, and alimony payments. These decisions will depend heavily on the financial histories of both spouses, both before and during the marriage. Previous income and asset levels, as well as potential capacity for future earnings, will all be taken into account by the judge.

When it comes to child custody and visitation rights, the judge will make a decision based on the circumstances of the particular case, especially the cause for the divorce proceedings. If, for example, the divorce is based on cruel and inhuman treatment, one spouse may be denied access to the children.

• • Getting a Divorce in New York

It’s important to note that in order to file for divorce in New York, you need to have been married in New York to begin with, and the events leading to the cause for divorce also need to have taken place in New York. Additionally, New York’s grounds for divorce are narrower than some other states, so it can be more challenging to file here than elsewhere.

While divorce is never easy, understanding the ins and outs of New York divorce law can help make the process a bit smoother. Whether you’re considering filing for divorce or just want to understand your options, it’s important to consult with a knowledgeable attorney who can guide you through the process.

What You Need to Know About Divorce Law in New York

Are you considering divorce in New York? It’s important to understand the laws that govern the division of property, child support, and alimony.

First things first – alimony and child support are not the same thing. Child support payments are based on a percentage of your income, with the percentage varying depending on the number of children involved. However, spousal support, or alimony, is determined by a judge on a case-by-case basis. It may be required if one spouse’s income or standard of living will significantly drop after the divorce.

But what about property division? New York law requires that all property acquired during the marriage be divided equitably. Note that this does not necessarily mean an equal split – the judge will determine what’s fair based on the facts of the case, including each spouse’s income and assets at the time of marriage and the length of the marriage.

And if children are involved? The parent who wins custody will usually be awarded the family’s primary residence, which is closely tied to property distribution.

These factors are just the tip of the iceberg when it comes to New York divorce law. Before entering into divorce proceedings, it’s essential to have a clear understanding of your rights and responsibilities.

Annulment in New York State:

If you are unhappy with your marriage and want to end it, you may think that divorce is your only option. However, in some cases, you may be able to get an annulment instead. An annulment is a legal process that declares your marriage invalid or void, as if it never happened. Unlike a divorce, which dissolves a valid marriage, an annulment erases a marriage that was never legally valid in the first place.

What are the grounds for an annulment?

New York State recognizes five grounds for annulment:

– One or both spouses were under age 18 at the time of the marriage
– One or both spouses were unable to consent to the marriage due to mental incapacity
– Either spouse is physically unable to have sexual intercourse
– Either spouse was incurably mentally ill for at least five years
– Either spouse obtained marriage consent by duress, coercion, or fraud

These grounds must be proven by clear and convincing evidence in court. You cannot get an annulment simply because you changed your mind about the marriage or because you have irreconcilable differences with your spouse.

What are some examples of fraud going to the essence of the marriage?

Fraud going to the essence of the marriage means that one spouse lied about something that was essential for the other spouse’s decision to marry. This can include lying about:

– The intention to have children
– The religious beliefs or practices
– The sexual orientation or identity
– The criminal history or background
– The health status or medical condition

However, not every lie constitutes fraud going to the essence of the marriage. For example, lying about your age, income, education, or appearance may not be enough to justify an annulment. The court will consider whether the lie was material and whether it affected the core purpose of the marriage.

How do I get an annulment?

To get an annulment in New York State, you need to file a petition with the Supreme Court in your county. You need to state your grounds for annulment and provide supporting evidence and witnesses. You also need to serve a copy of your petition on your spouse and give them a chance to respond.

Unlike a divorce, which can be granted based on written or sworn testimony without a trial, an annulment requires a trial and hearing before a judge. The judge will decide whether your grounds for annulment are valid and whether any other issues need to be resolved, such as alimony (spousal support), child support,
child custody (parenting time), visitation rights (parenting time), equitable distribution (property division), etc.

An annulment can be granted by default if your spouse does not respond or appear in court. However, this does not mean that you automatically get everything you ask for. The judge still has discretion over how to divide assets and debts (equitable distribution) and how much support (alimony) to award.

What are some advantages and disadvantages of getting an annulment?

Some possible advantages of getting an annulment are:

– You can avoid any stigma associated with divorce
– You can remarry without waiting for a divorce decree
– You can restore your previous legal status as single
– You can avoid paying alimony if there was no valid marriage

Some possible disadvantages of getting an annulment are:

– It may be harder to prove than divorce
– It may take longer than divorce
– It may cost more than divorce
– It may affect your eligibility for certain benefits based on marital status

What happens after I get an annulment?

After you get an annulment decree from the court, your marriage is officially nullified. This means that legally speaking,
you were never married at all. Therefore,

You need update any records that reflect your marital status such as driver’s license (DMV), social security card (SSA), passport (DOS), bank accounts etc.
You need inform any agencies or institutions that rely on your marital status such as IRS (taxes), employer (benefits), insurance company etc.

New York Divorce Laws: FAQs

• • How long do I need to live in New York to get a divorce?

According to New York divorce laws, you must be a resident of the state for at least one year before filing for divorce.

• • Can I file for divorce in NY if my spouse lives in another state?

Yes, as long as one of you meets the residency requirements.

• • Can my spouse and I hire the same divorce lawyer?

No, it’s prohibited by New York divorce laws. You’ll each need your own legal representation.

• • Can I represent myself in court?

Yes, but it’s highly recommended that you hire a professional divorce lawyer to represent you.

• • How long must my spouse and I be separated before filing for divorce?

New York divorce laws require a minimum of one year living separately.

• • What’s the difference between contested and uncontested divorce?

In an uncontested divorce, both spouses agree on all divorce-related issues. A contested divorce involves disagreements between the parties and can be more complex and expensive.

• • Is New York a no-fault divorce state?

Yes, New York allows for no-fault divorce.

• • What is legal separation?

Legal separation is when a court declares a couple separated while they remain legally married.

• • How much does a New York divorce lawyer charge?

New York divorce lawyers typically charge hourly, but rates can vary widely. A simple uncontested divorce may cost around $1,000 while contested divorces can be much more expensive.

• • What is the cost of a divorce in NY?

The filing fees for an uncontested divorce are $335, but costs can vary widely depending on the complexity of the case and the fees charged by the divorce lawyer.

Divorce can be a difficult and emotional process, but understanding the basics of New York divorce law can help you navigate the process. Whether you’re considering divorce or have already begun the process, it’s important to have a clear understanding of your rights and responsibilities. By working with a qualified divorce lawyer, you can ensure that your interests are protected and that you’re able to move forward with your life.