Here are four important things to remember while filing for divorce in New York State that can help you organize your divorce case efficiently.
Generally speaking, there are five common grounds for divorce in New York State. They include:
1. Cruel or inhumane treatment by one or both spouses.
2. Spousal abandonment that lasts for at least a year.
3. Long-term imprisonment of at least one spouse that is expected to last for at least 3 years.
4. Adultery that is verified by at least one outside witness.
Understanding these grounds for divorce is important. This is the case because it can help you determine the best way to file for a divorce.
1. New York State Allows for Equitable Property Distribution
2. New York State's divorce laws allow judges to distribute a divorced couple's assets that were obtained during the marriage equitably. This distribution is designed in a way that allows spouses to obtain enough resources to do things such as search job listings that allow them to start a new life after the divorce.
This does not necessarily mean that the couple's assets will be divided equally. As a result, it is a good idea to complete an inventory of your assets before filing for divorce to ensure that your assets are distributed as equitably as possible.
There Are Two Common Ways to File for a Divorce in New York State
New York State gives couples two viable options for filing for divorce. Two of the most common ways to file for divorce in New York State include:
1. A "No-fault" OptionNew York State recently passed legislation that allows couples to file for a "No-fault" divorce. This form of divorce allows couples who feel that their marriage has broken down irretrievably for at least six months to file for a no-fault divorce. In order to file for this form of divorce, couples must figure out a meaningful way to resolve the following problems:
i. Property distribution and custody problems.
ii. Visitation rights for parents.
iii. Spousal and child support problems.
This divorce option allows couples to convert a preexisting separation agreement into a legally binding divorce agreement. This form of divorce is very popular because it allows couples to quickly obtain a divorce agreement that is easy to follow.
2. New York State Also Offers a Conversion Divorce Option
There Are Residency Requirements That Must Be Followed
New York State's divorce laws require at least one of the spouses to be a resident of the Empire State before they can file for divorce. This spouse must live in New York State for at least a year before completing a divorce. These provisions are put into place to ensure that New York State residents' property rights are protected.
As you can see, there are many things to remember before filing for divorce in New York State that can help you organize your case. Feel free to use the suggestions mentioned above to organize your New York State divorce case efficiently. New York State's divorce laws feature above mentioned provisions that force people to hire attorneys such as Tully Rinckey PLLC to organize their cases efficiently.