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Different states, different divorce laws

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

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

Although this will impact the in office and in person services that LIT can provide, we will still be working remotely from our homes to serve our existing clients and we will continue to serve the public on a remote basis with any new legal matters for which they may need assistance.

We as a nation have overcome great obstacles in the past and although the challenges that lie ahead of us as community, as a state, and as a nation are great, we will overcome them as our resilience as individuals, as a community and as a nation will allow us to prevail.

May all of you and your loved ones be safe and well .

Larkin, Ingrassia & Tepermayster, LLP


Should you have any questions please feel free to contact us at 845-566-5345

For more information regarding the COVID-19 virus please visit any of the following sites:

Centers for Disease Control and Prevention

NYS Department of Health

Orange County Dept. of Health

Ulster County Dept. of Health

For information and updates regarding court postponements or closings please visit:

NYS Unified Court System

9th Judicial District

3rd Judicial District