New York Divorce LawsDivorce Papers > Divorce Laws > New York Divorce Laws 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:
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 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:
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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