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Jun 21

Things to Know About Divorce Law in New York State

There are some specific laws that pertain to residents in the state of New York who want to get a divorce. Some of these ordinances are similar to divorce laws in other states and must be strictly adhered to for a divorce to be finalized. When a couple goes to divorce court, a quick decision can often be made by the judge if both spouses adhere to the state’s laws. Here are a few things to keep in mind about New York divorce law.

Residency Requirements

Certain residency requirements must be met for a court in New York to grant the divorce. Requirements include whether or not the marriage ceremony took place in the state and if one of the spouses has resided continuously in the state for at least one year prior to filing for the divorce. If a couple was married in another state or outside the country, one of the spouses needs to be a current resident of the state for at least two years prior to filing for the divorce. Tully Rinckey PLLC is one of the law firms in New York that can provide guidance and representation in NY.

Equitable Distribution

Similar to community property laws in other states, equitable distribution is a process used in New York to divide property between each party in a marriage. Only property accumulated during the marriage is divided. Each spouse is allowed to keep any property that was obtained before the marriage. Debts that were accumulated during the marriage also come into play during the equitable distribution process. The court looks at several factors such as the duration of the marriage, the liquid and non-liquid character of material property and the tax consequences each party may face when determining who gets what.

Child Support

New York has very specific laws on how child support payments are calculated. The income of both parties along with who has physical custody of each child are used to determine what each parent must pay toward their children. If only one child is involved, 17 percent of the gross adjusted income must be designated for child support. Percentage amounts increase with each additional child. If there are five or more children, a minimum of 35 percent of the gross adjusted income needs to be paid.

Spousal Support

New York courts look at how long the marriage lasted and the income differences between the two spouses to determine whether or not one of the parties must pay spousal support. Spousal support payments are usually not required on a long-term basis unless the party receiving the money has a physical or mental disability or is over the age of 60.

Learning about New York divorce law can help make the entire divorce process much easier for couples and clear up any confusion. These laws were enacted in order to be beneficial for all parties who are trying to dissolve their marriages in the most amicable way possible. Visit this site to get more information.