New York Divorce Tips

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Divorce is a life-changing decision that affects the lives of the separating couple and their child/ children, if any. So, a person should think a hundred times before making such decisions. When you go for divorce, it is natural that you may not be in your normal state of mind. You tend to fall prey to your emotions and stop thinking logically. Here, lies the need of divorce tips that help you avoid silly and big mistakes. New York divorce tips bring your focus on matters like child custody, residential requirements, grounds for divorce, etc. that are relevant to this state and domestic relations.

Some useful New York Divorce Tips

  • According to New York laws, one of the spouses must be the resident of the state for one year prior to the date of filing the case. But if the partners got married outside the state, they need to be the resident of the state for at least 2 years before filing for the case.

  • You can go for an uncontested divorce in New York. The requirement is that you should not have any children from this marriage. Both of you should agree on important issues like division of property and alimony.

  • New York divorce tips also analyzes fault grounds. Fault grounds include factors like extreme cruelty, adultery, imprisonment of a partner for more than 3 years and above, constructive abandonment for at least 12 months.

  • The plaintiff, that is the partner filing for the case needs to file and serve a verified complaint mentioning the grounds for divorce. This complaint must contain other issues like spousal support or division of property.

  • The court, due to its own motion or the motion of the law guardian or the motion of the party, might authorize any divorcing party or child to maintain his or her address confidential from an unpleasant party or child. This rule is adhered to in case of other papers or pleadings submitted in the court. Generally, the court permits such an action when furnishing such information is risky to the security or health of the party or the child.

  • Assume that the court has issued an order for support according to Section 240. Then, the court needs the social security number of the parent affixed to such order, when
    • The record of the proceedings contain such information
    • It is allowed by Federal Law

  • If either party or the support collection unit submits specific written objections regarding adjustment to the support order, the court arranges a hearing. Notices are sent to the concerned parties and the support collection unit about the schedule of this hearing. At the hearing, the parties and support collection unit are empowered to be heard by the court and furnish proof in opposition of or in support of the adjustment of the support order.

  • Consider a temporary order of protection or valid order of protection that has been awarded by a court of competent jurisdiction in some other tribal jurisdiction, territorial jurisdiction or state. Such an order is given complete credit and faith in New York and is enforced as if it was issued by a court in this state. The condition for doing so is as follows:
    • The order is in effect in the issuing jurisdiction as per Section 2265 and 2266 of Title 18 of the United States Code

  • An order of protection might specify reasonable conditions of demeanor to be adhered to by a party for a specific span of time. It may be expected that this party observes the following:
    • The party must avoid acts of omission or commission that may lead to an unreasonable risk to the welfare, safety and health of the child.
    • The party might allow a designated party to move inside the residence during a particular span of time for removal of personal belongings that are not an issue in the action or proceeding under the family court act.
    • The party must avoid performing a family offense as has been mentioned in Subdivision 1 of Section 530.11 of the criminal procedure law. The party should not threaten, intimidate, harass or perform any criminal offense against the child or other parent or any person to whom the child custody has been granted.
    • The party must allow a person, who is eligible for visitation as per a court order or by separation agreement, or a parent to visit the child at the planned periods.
    • The party must stay away from the place of business, place of employment, school or home of the other party or the child. The party must also stay away from any other place specified by the court.
    • The party must fulfill any other conditions that are essential to meet the intention of protection.

The New York divorce tips do not encompass all state laws regarding divorce. It is better to take advice of a professional advocate who will help you take rational and legally-correct decisions.

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