Divorce Guide

Divorce Guide

New York Divorce Rights

New York is one of the most significant states of the United States of America. New York divorce rights cover all the citizens of the state while filing a divorce case in the state. The residency requirements however have to be satisfied by all the parties in order to exercise his/her divorce rights in the state of New York.

In order to get a divorce, separation or an annulment in New York, either of the parties has to be resident of the state for a period of two continuous years. A couple married in New York and either of the spouses residing in the state can also file the divorce case in the same state.

New York divorce rights recognize some of the legal grounds of filing a divorce case in the state of New York. An inhuman and cruel treatment of the spouse, willful abandonment for one year, adultery, imprisonment for three or more years are some of the legal grounds on the basis of which a plaintiff can seek divorce. New York divorce rights have a special provision of separating the two parties legally from bed and board for a limited period if either spouse has indulged in adultery, inhuman treatment or fails to support the other spouse.

Before concluding the dissolution of marriage, property distribution between the two parties has to be concluded by the court in a proper manner. New York divorce rights consider New York as an equitable distribution state. Following the principle of equitable distribution of property, the court distributes the property acquired by the couple during marriage in a just and equitable manner.

Based on the property distribution, either party could be awarded a spousal support by the court. Duration of the marriage, income of the party concerned, earning capacity, contribution or services to the family, tax consequences, presence of children are some of the factors which are considered by the court while deciding on the issue of spousal support.

Child custody and child support are some of the other issues which are duly recognized by New York divorce rights. Divorce rights of the state are inspired by New York domestic relations laws and these laws make it obligatory for the court to abide by the clauses enshrined in the documents. Some of the factors which could be considered by the court in order to decide on the issues of alimony and child custody are the property and income of the party concerned, earning capacity and ability of the party seeking child custody and maintenance after the divorce, career opportunities hampered during the marriage, tax consequences of the party seeking child custody and alimony support.

New York divorce rights also make a provision wherein either party can resume his/her maiden name or pre-marriage surname. This pre-marriage surname however could be used only after the conclusion of the divorce case.

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