Divorce/Matrimonial
New York Divorce Law
- Grounds for Divorce: New York is a mixed “fault” and “no-fault” state. You can file for divorce based on “no-fault” (irretrievable breakdown of the marriage for at least six months) or “fault” grounds (cruel and inhuman treatment, abandonment, imprisonment, or adultery).
- Residency Requirements: To file for divorce in New York, either you or your spouse must have lived in the state for a certain period, depending on the circumstances (e.g., both living in NY when the cause occurred, or one spouse living in NY for at least one year).
- Uncontested vs. Contested Divorce: An uncontested divorce is when both parties agree on all issues. A contested divorce involves disagreements that must be resolved in court.
- Equitable Distribution: New York divides marital property “equitably,” meaning fairly, but not necessarily equally.
- Spousal Support (Maintenance): The court may award alimony, also known as maintenance or spousal support, based on a statutory formula and other factors.
Child Custody Law
- Best Interest of the Child: All custody decisions are based on the “best interests of the child,” considering factors like stability, care arrangements, parental fitness, and the child’s wishes (depending on age).
- Legal Custody: Refers to the right to make important decisions about a child’s care (medical, religious, etc.). It can be sole or joint.
- Physical Custody: Refers to where the child lives. It can be sole or shared.
- Parenting Time (Visitation): The non-custodial parent typically has scheduled parenting time.
- Custody vs. Visitation: Custody involves the legal and physical care of the child, while visitation refers to the time a non-custodial parent spends with the child.
Spousal Maintenance
- Purpose: To provide financial support to a spouse who lacks sufficient income to meet their reasonable needs.
- Calculation: Determined by a guideline calculator based on the incomes of both spouses and the length of the marriage.
- Duration: The length of maintenance payments depends on the length of the marriage.
- Factors Considered: The court considers various factors, including the standard of living during the marriage, each spouse’s financial situation, and contributions to the marriage.