Learn How to File for a New York Divorce and What to Expect at Your Court Hearing

The legal authorities all over America, including those prevalent in New York, hold the institution of marriage as one that should ideally be preserved at all costs. However, the differences of opinions between you and your spouse might at times reach such proportions that a mutual separation might appear to be the only channel for avoiding further marital mess. Thankfully, the New York divorce regulations can guide you in such cases, and help you get a divorce from your partner in a convenient and speedy manner.

Filing for Divorce? Be Aware of These Requirements

When you are filing a petition for divorce in New York or New York City, you need to carefully adhere to the residency requirements that are required by the authorities of the state. For example, if the cause or incident that has compelled you to petition the court happened within the boundaries of the state, the New York divorce laws require both you and your wife/husband to be inhabitants of the state for a minimum of 1 year (as a married couple). If the incident that triggered off the problems occurred outside of New York, the courts will accept your case only if either you or your spouse have been residents of New York for at least 2 years.

The regulations for setting a New York divorce lawsuit into motion allow you and your partner to mutually agree upon common grounds for seeking divorce from each other. If that is not possible, you can also move for a divorce in NYS by citing any one of the several documented grounds of divorce. Of course, in this case, you need to convince the divorce court of the validity of the charges that you press against your spouse.

Grounds for Divorce in New York

Let us now look at some of the common causes that are accepted as justifiable grounds for divorce. These include cases where your spouse commits adultery (as spelled out by Article, 10, 11 and 11A of the relevant chapter of the New York statutes), actions of extreme cruelty on his/her part, willful desertion of you by him/her as well as his/her conviction (on a criminal charge) and incarceration for more than three years after the two of you had been married. Other possible grounds include insanity and impotency.

The authorities dealing with NY divorce cases can also issue a decree or a judgment of separation. As per its directives, you and your spouse need to continue to live separately for a minimum time of 1 year. Once this time span is over, a formal divorce settlement can be granted by law.

Depending upon your location of residence (or domicile), it is decided as to which county would act as the venue for your divorce case proceedings. You need to submit your initial request for obtaining a separation from your wife/husband at the Supreme Court of the State of New York. Your divorce petition will be accorded a case number for future references, with the court name imprinted on all the relevant documents.

The Paperwork

The divorce courts of New York take up the responsibility of serving a copy of the divorce notice, as served by you (the plaintiff of the case), to your wife/husband (who is the defendant here). Copies of the court summons, divorce action affidavits (by the defendant), Findings of Fact, and the statements that are sworn to remove the barriers to remarriage are all required in a divorce lawsuit. Out of all the divorce papers, the Complaint of Divorce and the Judgment of Divorce are deemed to be the most essential ones.

The flow of information between the New York separation court and the contesting parties (you and your estranged spouse) is kept uninterrupted by the Court Clerk. All the relevant paperwork of the divorce motion is also taken care of by him/her. A team of assistants aid the clerk in this functioning.

Property Distribution and Divorce

New York is one of those states that recommends the ‘equitable distribution of marital property’ between you and your partner once the divorce has come into effect. The duration of your marriage, the respective levels of income, employability, age and health conditions, and probable granting of maintenance rights are all taken into consideration by the authorities in this context. The chief objective is to provide for a ‘fair’ distribution (which need not imply ‘equal’ divisions) of the marital assets and debt claims.

Whether the property items are easily convertible to cash, and if you (or your spouse) have been proven to be wasteful in spending away the assets, also are important factors in influencing property-redistribution decisions. Article 13 (Section 286) of the Domestic Relations Laws (as present in the Consolidated Laws of New York) can be referred to as a comprehensive guide regarding these matters.

Alimony in NY

You might or might not have to pay (or receive) alimony payments from your spouse once the divorce proceedings are over. The decision of the divorce court of New York is binding in this. The alimony payments (if required) might be of a short-lived nature or a permanent nature, as deemed necessary by the authorities.

In accordance to the directives of the New York court, you might have to enter direct alimony negotiations with your divorced partner. Alternatively, the alimony arrangements can also be made with a third party, who provides a certain service to either you or your spouse, or both.

Another extremely crucial aspect of any divorce lawsuit is the allotment of custodial rights of a minor child (if present) from your current marriage. The divorce court of New York issues such directives that would serve the interests of the child the best, without exposing him/her to the negative stress effects of your divorce. You can arrive at a mutual consensus with your wife/husband regarding who would gain custody. If no decision can be reached, the order of the court is considered to be final.

The monthly income of both you and your spouse are checked while determining the pattern of the Child Support System that would be required. The Income Shares Model is made use of in this regard. The tax implications, as well as the physical health and mentality of the child, and the requisite standards of living are also important determinants of child custodial rights.

Divorce proceedings in the New York court can be a systematic and smooth affair, provided the relevant rules and regulations are all taken care of. Once you and your partner grow familiar with these divorce laws, you can opt for a divorce settlement, if required.