New York Divorce Questions

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The divorce laws and procedures followed in various states may vary. Therefore, when planning to file divorce papers, one needs to aware about legal aspects of divorce procedures. It's not just divorce that you need to know about; along with it there are several other legal issues that one may need to face like child custody, property distribution, child support, and visitation rights. The New York divorce questions mentioned here are vital question you may need answer to, if you want to know about divorce laws or are planning to file for divorce or have already filed for divorce in this state. It is vital to stay aware about such legal facts so that the divorce proceedings get completed smoothly and does not add more stress to the people who are ending their marriage legally.

The examples of divorce questions for New York are as follows:

Q. If the divorcing partners cannot agree with each other regarding the amount of child support, how will the court resolve the issue?

A. The court assesses the following factors while resolving the topic:

• Comparison of gross incomes of the divorcing parents
• The educational requirements of both partners
• The non monetary inputs of the partners in marital life
• Tax consequences
• If the marriage would not have ended in a divorce, then what standard of living the child would have experienced
• The special requirements and aptitudes of the child
• The emotional and physical health of the child
• The economical resources of the non custodial parent, custodial parent, and the child or children

Q. Is it possible that grandparents and siblings may be given visitation rights?

A. Yes, if it is in the best interests of the child.

Q. How do the divorce lawyers charge money?

A. The divorce lawyers charge money on a per hour basis of work and on a per case basis of work.

Q. Can New York be labeled as a no fault divorce state?

A. Yes, New York can be labeled as a no fault divorce state.

Q. Explain distribution of property in this state?

A. This is an equitable distribution state. Accordingly, the court distributes the marital property and debts of the divorcing parties in an equitable and fair manner. As this principle is followed the distribution is not essentially equal. If the divorce case is clearly showing presence of abuse during marital life, the discretion of the court is disturbed.

Apart from marital property distribution, there is separate property and that belongs to the divorcing partners. This property is attained prior to the marriage or during the marriage due to inheritance or gift. Such separate property or its income may not be used for the common benefit of the divorcing partner during marital life. If this is the case, then this separate property is not distributed.

The separate property or its income might be used for the common benefit of both the partners. Then it is quite possible that it might be considered for property distribution. The court takes into account the frequency of use, while distributing this separate property.

Q. What approach should one have regarding divorce lawyers?

A. The divorce laws in New York do not permit the divorcing partners to hire the same divorce lawyer. The reason of doing so is that one divorce lawyer cannot represent two opposite parties.

As per the law in this state, it is not mandatory to hire a divorce attorney. It is quite practical that an individual represents self in court. However, since lawyers have more in-depth knowledge of the divorce laws as compared with the divorcing partners, it is highly advisable that a divorce lawyer may be hired.

Q. Prior to filing a divorce case in this state, do the divorcing partners have to reside separately?

A. Yes, As per the law a separation period of minimum 1 year is essential.

As a married couple thinks about legally ending their marriage, they have to file for divorce. As it is a legal process, it is important to get as much information as possible about the legal terms related to it and the other issues related to it. If one is aware about the legal procedures related to divorce, then these legal procedures become less stressful. New York is a no fault divorce state and the people filing for divorce in this state need to know about it. Here we have answered questions related to child custody and visitation rights of the sibling and grandparents as these issues are related to divorce.

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