Suffok County Divorce Lawyer
As of of September 2021, the divorce laws in New York state have undergone significant changes in recent years. In 2010, New York became the last state in the United States to allow no-fault divorce, which means that a couple can now obtain a divorce without having to prove that one party was at fault for the breakdown of the marriage.
Under the current law, a couple can obtain a divorce in New York by showing that their marriage has irretrievably broken down for a period of at least six months. This means that the couple no longer wants to be married and there is no chance of reconciliation.
New York also recognizes several grounds for fault-based divorce, including abandonment, cruel and inhuman treatment, adultery, and imprisonment. However, fault-based divorce is less common since the advent of no-fault divorce.
In addition to the grounds for divorce, New York law also addresses the issues that must be resolved in a divorce, including the division of marital property, spousal support, and child custody and support.
When it comes to property division, New York is an equitable distribution state, which means that marital property is divided in a manner that is fair and equitable, but not necessarily equal. Marital property includes any property acquired by either spouse during the marriage, regardless of whose name is on the title or deed.
Spousal support, also known as alimony, may be awarded to one party in a divorce if the other party has a greater income and/or assets. The court will consider a number of factors, including the length of the marriage, the earning potential of each spouse, and the standard of living established during the marriage, when determining the amount and duration of spousal support.
Child custody and support are also important issues in a divorce, particularly if the couple has children. In New York, the court will consider the best interests of the child when making decisions about custody and support. The court will consider a number of factors, including the child’s age, health, and relationship with each parent, when making a determination about custody.
Overall, the divorce laws in New York are designed to provide a fair and equitable resolution to the dissolution of a marriage. Whether a couple chooses to pursue a no-fault or fault-based divorce, it is important to work with an experienced attorney who can guide them through the process and protect their rights and interests.