legal separation

 
 

 

 
 

 

 

 

 

 

 

 

 

 

 

 

A divorce may be granted in the State of New York upon the following grounds:

1. Cruel and inhuman treatment; 2. Abandonment; 3. Imprisonment for 3 years or longer; 4. Adultery; 5. Living separate and apart for one year or longer under either a decree of separation or a separation agreement between the parties. Vol. 8, Art. 10, Sec. 170

Residency requirements New York has a one year residency requirement under the following divorce forms circumstances:

1. The parties were married in the State of New York and either party is and has been a resident of New York for one continuous year immediately prior to filing for divorce;

2. The parties resided in the State of New York as man and wife and either party is and has been a resident of New York for one continuous year immediately prior to filing for divorce;

3. The cause of the divorce occurred in the State of New York and either party is and has been a resident of the State of New York for one continuous year immediately prior to filing for divorce;

4. The cause of the divorce occurred in the State of New York and both parties are residents thereof.

In all other instances, either party must have resided in the State of New York for two contiuous years immediately prior to the commencement of the action. Vol. 8, Art. 13, Sec. 230 Return to top Name of court and title of action/parties An action for divorce filed in the State of New York is filed in the Supreme Court. The title of the action initiating the divorce action is a Complaint for Divorce, while the title of the action granting the divorce is referred to as the Judgement of Divorce. The party who files the action for divorce is the Plaintiff, while the other party to the action is referred to as the Defendant. Legal separation A judgement of legal separation may be obtained in the State of New York on the following grounds:

1. Cruel and inhuman treatment; 2. Abandonment; 3. Neglect or refusal to provide support; 4. Adultery, or; 5. Imprisonment for three years or longer. Vol. 8, Art. 11, Sec. 200

Simplified divorce procedure New York permits a summary divorce to be granted if the parties have lived separate and apart for a period of one year pursuant to a written agreement of separation. The plaintiff must submit proof of substantial compliance with the terms and conditions of the separation agreement. Vol. 8, Art. 10, Sec. 170 Alimony Either party to a divorce action may be ordered to pay alimony to the other spouse, without regard to marital fault, after consideration of the following factors:

1. The income and property of the parties; 2. The duration of the marriage; 3. The present and future earning capacity of both parties; 4. The ability of the party seeking alimony to become self- sufficient and the length of time and training necessary to become so; 5. Reduced or lost lifetime earning capacity as a result of having foregone or delayed education, training, employment or career opportunities during the marriage; 6. Children of the marriage in the respective homes of the parties; 7. Tax consequences; 8. Any other factor the court deems relevant. Vol.8, Art.13, Sec.236

Distribution of property Marital property shall be distributed equitably between the parties after due consideration of the following factors: 1. The income and property of each party; 2. The duration of the marriage and the age and health of the parties; 3. The need of the custodial parent to occupy the marital home; 4. The loss of inheritance and pension rights upon divorce papers; 5. Any award of alimony; 6. Any contributions to the acquisition of marital property; 7. The liquid or non-liquid character of marital assets; 8. The probable future financial circumstances of the parties; 9. Tax consequences; 10. Any other factor the court deems relevant. Vol.8, Art.13, Sec.236 Return to top Child Custody The issue of custody of any minor children of the marriage will be decided by the court according to the best interests of the child. There exists no presumption in favor of either parent regarding custody of the children. Vol. 8, Art. 13, Sec. 240 Child support New York has established child support guidelines which are presumed to be the correct amount of support due, absent a showing that application of the guidelines would be unjust or innappropriate. Some of the factors the court will consider in determining the correct amount of support to be awarded include: Legal Forms

1. The financial resources of the custodial and non-custodial parent, and those of the child; 2. The physical and emotional health of the child and the child's special needs and aptitudes; 3. The standard of living trust forms the child would have enjoyed had the marriage not been dissolved; 4. Tax consequences; 5. The non-monetary contributions of the parents; 6. The educational needs of either parent; 7. A comparison of gross incomes of the parents; 8. Any other relevant factor. Vol. 8, Art. 13, Sec. 236

Name change Upon request, the court will restore a party to the use of her former or maiden name. Vol. 8, Art. 13, Sec. 240

It can be a very troubling time for most married couples that wish to separate no matter what the reason. But if you have decided that this is to be, it is wise to put in writing a Separation Papers Agreement. This document states all of the financial arrangements, such as alimony, child support, real estate, debts, personal property and more, to which the couple has agreed to. It also addresses the custody and visitation of minor children and other matters.

The Separation Agreement document covers the following topics:

* Division of debts, bank accounts, investments, life insurance and income taxes

* Real estate, vehicles, household goods and personal property

* Child support, custody, visitation, medical insurance and tax exemptions

* Spousal support (alimony)

As long as the two of you can agree to all these things, it is possible for you to create your Separation Agreement without an attorney. If you cannot agree on all matters, it is advised you seek legal advice.

A marital separation agreement forms, also known as a property settlement agreement, or marital settlement agreement, is a written contract dividing your property, spelling out your rights, as well as settling problems such as alimony and custody. Generally, a Marital Settlement Agreement is drawn up according to the law of the state in which at least one party lives. When executed and witnessed properly, it is an enforceable contract between the parties, but is not in itself an undertaking to become divorced. Most parties ultimately do file for divorce, at which time an Agreement would be "incorporated" into the eventual divorce judgment. These forms assumes that you and your spouse may, at a future date, consider filing a divorce and will request that the Agreement be incorporated into the divorce judgment.

 

 

 

 

 

 

 

 

 

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