New York Contested Divorce Law
In New York State, married couples must agree to disagree if they want to obtain a divorce. Couples are required to have a reason for their dispute, and under most circumstances it must be demonstrated that one of the spouses is to blame for the split. If the two sides can't work out a solution for child custody/visitation rights, division of assets and spousal support, then the contested case goes to trial.
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No-fault Rule
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New York does not allow "no-fault" divorces, meaning the spouses cannot cite irreconcilable differences as a reason for their split. The single exception to the no-fault rule is if the couple remains separated for one year. Before the divorce can be official, the court must grant a separation decree affirming that the husband and wife met the required time period for living apart.
Accepted Reasons
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According to attorney Elliot Schlissel,New York State divorce courts will accept the following reasons: one of the spouses commits adultery; cruel and inhuman treatment to one of the spouses; the defendant abandons the plaintiff; drug or alcohol abuse; insanity, impotence; or infecting the other spouse with a venereal disease. If the plaintiff can prove any of those reasons, it's doesn't matter if the defendant does not to agree to a divorce, and at that point the case moves on to child custody/visitation rights and division of assets.
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Required Documents
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According to "Divorce Magazine," a substantial amount of information is needed from each party before the divorce can go through. The list includes proof of marriage counseling or attempts at reconciliation, the previous year's tax returns, proof of income, lists of liabilities and assets for both parties, information on previous legal proceedings between the spouses and/or their children, and financial records like stock certificates, loan applications and broker's statements.
Division of Assets
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In New York, divorce courts aim to divide property in an equitable fashion. That means the distribution is considered fair, but not necessarily equal. In a contested divorce, the judge considers each person's income and the length of the marriage and health of the spouses before rendering a decision. In addition, the custodial parent's needs for maintaining the existing home are considered, as is the future financial circumstances of each party. Wasteful spending, dissipation of assets by either spouse and tax implications are factored into the decision as well.
Family Support
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The divorce court judge considers a variety of factors before deciding on child support and alimony. Past and present income of both wage earners are noted. The court also looks at whether either spouse gave up an opportunity to advance their education or training and enhance a career because of the marriage and child-raising responsibilities.
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References
- Photo Credit wedding image by Mat Hayward from Fotolia.com
