When looking to dissolve a marriage, one will have to look at the rules of the state in which he or she lives. Divorce laws are not governed at the federal level. Instead, every state has primary control over what divorce laws it deems appropriate. For those seeking divorce in New York, legal counsel can shed light on current divorce laws and how they will affect individual situations.
Laws from state to state can vary pretty widely. Before the process can begin, generally, one must make sure that he or she has met the residency requirement to file in his or her state. In New York, at least one spouse must have been a resident in the state for a one year period in order to meet the residency requirement.
After the divorce process is started, how property is to be divided will need to be determined. Some states separate personal and marital property, while other states consider everything fair game. New York has what are known as equitable property division laws. This means that both spouses should be able to walk away from the marriage with a fair, though not necessarily equal, share of assets. The state also protects one’s separate personal property, so anything that can be counted as such will not have to be included in the divorce settlement.
The last subject that will be discussed is spousal support. Every state uses different factors and calculations for determining how much spousal support to which one might be entitled — if any. In this state, the factors used to decide if one will be granted alimony include length of the marriage, each spouse’s health and age, financial need and contributions of each spouse — among various others.
Couples who are seeking a divorce in New York do not have to go through the process alone. As there are so many ins and outs to the system, having an experienced attorney on one’s side may prove to be invaluable. With help, getting a fair and balanced settlement that meets the approved divorce laws of the state is possible.
Source: Forbes, “50 Ways To End Your Marriage: Divorce Laws Vary Widely From State To State”, Jeff Landers, May 24, 2016