New York has following divorce laws:
Residency
According to New York divorce laws, in order to qualify for filing divorce petition, there are certain conditions that the parties should fulfill, which are:
- Firstly they should have been married in New York state
- Either party is a resident thereof when the action commenced, they should have been a resident for a continuous period of one year
- The cause of divorce should have been occurred in New York State when either or both partners were in the state.
Documents required for Filing Divorce
Under New York divorce laws, these are the two main documents required when filing for divorce:
- Complaint for Divorce
- Decree of Divorce
Other than these, you may require other documents like:
- Summons (UD-1)
- Marital Settlement Agreement
- Sworn Statement of Removal of Barriers to Remarriage (UD-4)
- Affidavit for Defendant in Divorce Action (UD-7)
- Qualified Medical Support Order (UD-8b)
- Findings of Fact/Conclusions of Law (UD-10).
Distribution of Property
As per New York divorce laws, the distribution of the property is based on the equitable basis.
Change of name or restoration of name
New York divorce laws have maintained no statuary provisions for the change in name or restoration of name.
Mediation counseling
New York divorce court provides both the parties
mediation time to decide whether they want dissolution of marriage or not.
Alimony
According to New York divorce laws, court provides spousal support on permanent or temporary bases. Such direction may require the payment of a sum or sums of money either directly to either spouse or to third persons for real and personal property and services furnished to either spouse.
Child custody
Every action is taken by the New York divorce court to protect the child from emotional trauma resulting from his or her parents’ divorce. If the parents are unable to reach a decision and proper agreement than the divorce court takes it own decision on this issue.
Child support
Like many other state laws, even in New York child support is calculated according to the Income Shares Model and requires social security number of each parent in order to provide child support.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information of your state.
