Divorce Guide

Divorce Guide

Newyork divorce court

Newyork divorce court helps the parties to get divorced and deal with the family issues taking place. The divorce cases are mostly handled by Supreme Court of newyork city. When you decide to file for divorce, there are certain rules and laws which you should follow. Filing for newyork divorce is like filing for any other suit.

There are certain requirements and grounds mentioned in newyork law that you should fulfill before filing. You must meet the residency requirement for the court to accept your case. You must be living in newyork for at least one year. But if you were marries outside newyork city, then you must live in the state for at least two years before filing the petition.

There are two types of grounds for filing divorce. Fault and no-fault ground, Newyork considers six grounds for divorce. Out of which four grounds are based on fault divorce, and remaining on no-fault divorce. The grounds for fault divorce includes

  • Adultery
  • Cruelty
  • Imprisonment
  • Adornment for at least one year

Even if both the parties decide to file for uncontested divorce, they have to mention any one of grounds. Without proper grounds newyork divorce court will reject your case.

Newyork divorce court considers the issues related to family law.it include alimony, property division, child-custody, and child support and debt payment.

Alimony: court undertakes the factors like standard of income, earning capacity of the spouses. Court makes the decision on alimony for granting the financial support to the spouse Child custody: It is the issue considered as a priority by the court. Factors like parenting plans, education, health issues and visitation are discussed

Child support: It includes the factors that provide financial support to the child, once the parents get divorced. Factors like income of parentís standard of living of the parties and emotional needs of the family are involved.

Property division and debt payment: newyork law believes in equity distribution. It makes the list of the assets and financial property and divide among the parties equally. Even issues related to debt are divided as per court finds it fit.

If the spouses have no children involved, then court can agree to grant the parties uncontested divorce.

Process of filing for divorce in newyork divorce court:

  • The process of getting the divorce in any state starts when petition is filed and ends when one divorce certificate is received.
  • Before filing for petition, residential requirements and grounds mentioned by the law should be fulfilled. Once you fulfill these requirements, file for the petition.
  • Make sure that along with the petition, few other documents like marriage certificate, address proof, proof of grounds on which divorce is filed should be also mentioned. Pay necessary filing fees.
  • Make the copies of petition. File one copy with the court and serve other copy with the spouse, and wait for his response. Once you get the response, you will need to file certain forms with the court clerk
  • Once the court clerk gets the forms, your divorce hearing will be scheduled. The preliminary conference will be also held where you need to discuss the exchanging information for helping the newyork divorce process to go further: net worth stamen, appraisal of real estate and pension. Interrogatories and other documents requested.

Once court makes the decision, a judgment will be signed by him stating that divorce is granted.

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