Are You Thinking Of Getting A Divorce?
Marriage, is a recognized union between spouses that establishes rights and obligations between two people. The recognition of marriage has been in existence for generations. This institution, overtime, has created rules of conduct within the family and defined what the role of the mother, the father, children and even the role of grandparents should be. Traditionally, the role of the mother was homemaking.
Commonly, she was tasked with everything from rearing the children to preparing meals for the family. Meanwhile, the role of the father was to provide financial resources and to protect the family. Even grandparents often provided guidance and played a role in the welfare of the family unit. Fast forward to the 20th century and most people can agree that those roles have changed. It is not uncommon for a family to have two career parents. Life is constantly on the go, prepared meals and dining out are regular events. Grandparents rarely live under the same roof as their children and instead living great distances from them. The rituals, the rules of behavior, the expectations of each member of the family has changed.
For better or worse, couples may have discord or grow apart. When this happens, the court system will be involved so it may grant the couple a divorce. Often, the court system will aid the couple as they determine how best to separate the various aspects of the life they created together. This include property, child custody and finances. While a family law attorney is not always required in order to get a divorce, an individual or couple contemplating it should consult with an experienced family law attorney to discuss the wide array of legal rights and options available to them.
How Do I Get A Divorce?
In New York State, Supreme Court is the only court that will oversee and be able to grant you a divorce. Specifically, New York residents will need to file for divorce in the county in which they reside. Both the Family Court and Supreme Court have the ability to address many of the legal issues that will affect you when you come to court. However, what needs to be addressed and how best to separate the various aspects of the life you have created with your spouse together include:
- Who should have legal and/or physical custody of any children of the marriage?
- How will parties arrange for parenting time for the parties during vacations and school breaks?
- Which family members, other than parents may be permitted to have visitation with those children?
- How much, if any, child support and spousal support should be granted?
- Who will pay for health, dental or vision insurance, including unreimbursed medical expenses?
- What will the proper educational setting be for the children and who will be responsible for those costs?
- Who will and how much each party should contribute to college and extracurricular expenses?
- How to divide any marital assets and property that the parties have accumulated during the marriage?
- Who will claim the child care dependent tax credit?
- Has the religious upbringing of the children been decided?
- Will each child be the beneficiary of any life insurance policies?
What Are The Residence Requirements & Legal Grounds For A Divorce In New York?
Before you file for a divorce in New York State, you must meet the residency requirement, and have a one or more of the seven “grounds” for the divorce. A ground for divorce means that you have a legally acceptable reason for the divorce.
Residency Requirements In New York
You can meet the residency requirement of New York State by:
- If you or your spouse have been living in New York State continuously for at least two years before the divorce case is started
- If you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and:
- you got married in New York State, or
- you lived in New York State as a married couple, or
- the grounds for your divorce happened in New York State
- Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.
Legal Grounds In New York
There are seven grounds, legally acceptable reasons, for a divorce in New York State:
- irretrievable breakdown or No fault
- cruel and inhuman treatment
- abandonment or “constructive” abandonment.
- divorce after a legal separation agreement
- divorce after a judgment of separation
General Divorce, Child Custody, And Orders Of Protection
There are several ways of obtaining an order of protection. One way is by filing for an order of protection with the family court on your own. The other way is by getting an order of protection through the criminal process. Criminal orders of protection are obtained through the district attorney and/or police department. In New York, both avenues can be pursued. In Criminal court, there is a higher burden of proof to obtain an order of protection. You’re not the person who’s bringing the charges, you are the DA’s witness. The district attorney may very well decide that a case is an evidence-based prosecution, which means that even if you change your mind and decide not to request an order of protection, the district attorney may, depending on the seriousness of the case and evidence available, decide to pursue the order of protection anyway, that might not be the outcome you want…Read More
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