Divorce related information for the state of New York is mentioned below:
If one spouse lives in NY, he must be a resident for at least two years before filing. However, if the couple lived in NY during their marriage, then residency condition becomes one year. If both partners were residents of NY, there is no condition for residency.
Reasons for divorce in New York can be summed up as follows:
1. No-Fault Reasons
2. General reasons that include:
There are no specific statutes concerning child custody. Either or both parents can be awarded custody keeping the best intentions for child at heart. There is no concern towards preferences of any party involved.
New York is a state of "equitable distribution". This means that any individual property acquired before marriage or in the form of gifts and inheritances will be kept by spouse who owns them. All other joint property will be divided under the following factors:
Either spouse may be ordered to pay sufficient alimony, depending on the following factors:
One or both parents may be ordered to pay child support, which includes health insurance. Grounds for divorce will not be considered and who pays support depends on the following factors:
There is no legal condition for meditation in divorce cases in New York.
There is no need of a lawyer when applying for divorce in the state of New York. A divorce case which is filed without any help of an attorney in any of the states is known as Pro Se Divorce.
Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in New York, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.
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