Divorce Laws in New York
Marriage is a sacred institution. However, due to the incompatibility between two individuals, myriad couples today undergo trouble in their paradise, which ends up as the cessation of their marriage. In spite of being deemed as a progressive state, New York, when it comes to marriage, encompasses a traditionalist history. At one time, divorce in New York was regarded as the most high-end affair. “Fault-based divorces” would go on for months and sometimes even years to get settled. However, on August 15 2010, this law changed and New York went on to be the last state to sanction “No-fault divorce”.
Grounds for Divorce in New York
Even though the “no-fault divorce” had been introduced in New York, still, it can’t be designated as an out-and-out no-fault state yet. “At-fault divorces” are still prevalent in several states and that includes New York also. Following are the at-fault grounds for divorces in New York.
• Cruel and Inhuman Treatment – This ground renders it absolutely life-threatening for the spouses to live together.
• Irretrievable Breakdown – This implies that the relationship with your spouse has impaired to such an extent since the past six months that it’s utterly impossible to put right or retrieved. However, you aren’t eligible to get divorce unless and until your child support, child custody, debts, spousal support, property, and visitation rights are resolved.
• Abandonment – This takes place when your better-half deserts you for a minimum of one year, and harbors no intention of coming back.
• Imprisonment – This happens when your mate serves imprisonment for three years or above. However, this ground for filing divorce would be nullified if he/she had been set free five years ago. Moreover, the imprisonment must commence post your marriage.
• Adultery – This ground for divorce would be justified in case you discover that your spouse carries out adultery. However, this clause won’t be taken into account if you foster your partner to perform adultery, pardon him/her by committing to sexual relationships post the discovery of adultery, or carry out adultery yourself. In addition to these, one is also incapable of filing for a divorce if it’s been five years since the discovery of adultery by any of the two partners.
• Judgment of Separation – Both the parties have ceased living together on account of a Judgment of Separation for one year.
• Separation Agreement – Both the parties have ceased living together on account of a written Separation Agreement for a minimum of one year.
While filing for divorce in New York, it entails the individual to file a considerable deal of paperwork that is accessible on various legal websites. If desired, they can also resort to lawyers who’re adept at handling divorce cases. A deals with divorce cases in New York, Oregon, and Washington.
Three principal concerns are involved when it comes to children in a separation or divorce.
• Child Support – The Child Support Standards Act in New York determines the amount of child support to be rewarded to the custodial parent by the non-custodial parent. For a single child, the amount is 17%, while for two children, it is 25%.
• Child Custody – It incorporates legal and physical custody of the child. Prior to the bestowing of custody, the court normally embarks on diverse investigative measures to establish the best interest of the child or the children.
• Child Visitation – The parent who is steered clear of his child’s physical custody owns either acceptable rights of visitation, a particular visitation time-schedule, or is restricted to administered visitation. The non-custodial parent is refused visitation only in some extraordinary cases.
Other reliefs of divorce are:
• Legal Fees
• Spousal Support
• Division of Debt
• Change of Name
• Division of Property
The states of Washington, New York, and Oregon are the office locations of the Hoover Law Group who, with their coalition of skillful attorneys, would aid their clientele in bringing their objectives to fruition. These lawyers handle cases such as Immigration Law, Criminal Defense, Automobile Accidents, Family Law, and Personal Injury.
Gregory Scott Hoover’s primary area of legal practice is in the form of civil, personal injury and criminal litigation, immigration law and assisting those involved in EB-5 transactions. Mr. Hoover is licensed in both Oregon and Washington, and New York, U.S.A., and England and Wales, U.K. Mr. Hoover is also a skilled negotiator, mediator and arbitrator. As a skilled negotiator and litigator, Mr. Hoover can skillfully resolve your situation through effective negotiations or, if necessary, aggressively represent your matter in court.
Hoover Law Group
By Gregory Scott Hoover
Attorney at Law
815 S. Weller Street, Suite 105
Phone: (206) 613-3111
Fax: (206) 613-3112
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Portland, OR 97232
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