New York Divorce Laws

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Divorce laws are often seen as a legal guidance to make sure that the process of separation is carried out properly in the court. These laws contains various legal provisions to explain the rules and regulations about a legal separation and related issues like spousal maintenance and child support. It an important part in the divorce procedures of the state They explain the legal requirements that need to be fulfilled Following are some aspects of divorce in New York.

New York Laws pertaining Alimony

A spousal support or alimony, is a medium to help the partner who undergoes financial hurdles after divorce. Spousal support can be requested in the court by such partner. The Court contemplates over the following issues while finalizing the amount and period of alimony:

• Any nuisance or transfer created without fair consideration while speculating a matrimonial action.
• If either partner has caused wasteful dissipation of marital property.
• The services and contributions of the partner requesting alimony as a homemaker, wage earner, parent and spouse, and their contribution made towards the career prospects of the other spouse.
• The consequences of tax on either partner.
• Whether the children from the marriage are residing in the respective residences of the custodial parent.
• Whether the partner requesting alimony has delayed or foregone career chances, employment, training or education during marital life due to which there is a decreased or lost lifetime earning capacity.
• Whether the partner requesting alimony has the capacity to become self supporting and if yes, the duration and training essential for this to happen.
• The future and present earning capacities of both partners.
• The age and health of both partners and the period of marital life.
• After marital property was distributed amongst both partners, the property and income of both partners is taken into account.

New York Laws related to Property Distribution

The property distribution rules apply to marital property only. Thus, the property gained by inheritance or as a gift would not be taken into account while measuring the combined property. Unless the partners have formed an ante nuptial or prenuptial agreement, the Court divides the marital property in an equitable and not essentially equal manner. For such an equitable division, the Court considers the following:

• If alimony has been awarded.
• On the date of dissolution whether there has been a loss of inheritance and rights of pension.
• The requirement of the custodial parent to own or occupy the marital residence and own or use its household effects.
• The age and health of both partners and the period of marital life.
• At the moment of marriage and at the moment of beginning the action of divorce, the income and property held by both partners.
• The effects of tax on either partner.
• The possible future economical states of both partners.
• The non-liquid or liquid temperament of all marital property.
• Whether it is difficult or impossible to evaluate any interest or component asset in a profession, corporation or business, inclusive of the financial wish to retain such asset or the partner's interest intact and free from any interference or claim by the other partner.
• Any wasteful dissipation of assets by any partner.
• Any other issues that the Court considers proper and just.

If the partners mutually agree on property division in the court, then the court will study all aspects of it and approve it if found legally appropriate.

Child Support

Child support is meant for the education, maintenance and care of dependent children who have not completed 21 years of age. The Income Shares Model is applied to determine the amount. As per this model, the combined parental income is calculated and:

• For 1 child, 17 percent of this income is awarded.
• For 2 children, 25 percent of this income is given.
• For 3 children, 29 percent of this income is contributed.
• For 4 children, 31 percent of this income is granted.
• For 5 or more children, 35 percent of this income is considered.

The amount of child support is to be paid to the partner who is responsible for the custody of children. The amount can be extended after the decided time period under unexceptional situations.

This is the general explanation of the legalities related to the various aspects of divorce in New York. It is essential to fulfill the residency requirements mentioned in the laws before filing for a case in the state. If the cause of separation has occurred in the state, then the residency requirement that needs to be fulfilled is one year. The case in which the marital relations are broken in any other state, the residency requirement for such case will be of two years for the applicant or a spouse.

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