New York is one of several states that has a no fault divorce option. Other states require that you choose a reason for your divorce such as abandonment or fraud. In New York, you can file for divorce without listing a specific reason. The state also allows for an at fault filing, which means that one person in the marriage is primarily responsible for the divorce. While a lawyer like Tully Rinckey can help you file, you may want to learn more about how the law in your state works before scheduling a consultation.
You can only file for a divorce in New York is you meet certain residency requirements. If you exchanged vows in the state and one or both of you still live in the state, you can file. You can also file if you are a current resident of the state and lived in New York for at least one year before filing. If you have grounds for divorce that occurred in the state, those grounds happened at least one year you file and at least one of you still lives in New York, you can also file.
New York considers the parent the children live with as the custodial parent. The other parent is the noncustodial parent. Even if you share in the raising of your children, the court may find the noncustodial parent responsible for paying child support. The court can require that the parent pay 17% of his her adjusted gross income to the custodial parent for one child or 25% of that income for two children. The noncustodial parent may need to help cover educational costs, life insurance and other costs too.
Equitable Distribution of Property
Unless you have a prenuptial agreement in place, the court will look at more than 10 factors to determine how it divides the property that you own together. Property can include the family home, any vehicles you purchased, a business that you own and even items inside your house. It often depends on the date of purchase. Anything you owned before the marriage is yours, but it can also change based on your spouse’s connection to that property. If you started your own business while married and let your spouse help, you may be responsible for paying your former spouse a portion of the profits that you make.
One thing you also need to consider is alimony. Also called spousal support, this refers to an amount of money that the court orders one partner to pay the other. This often comes about because one spouse worked and the other stayed home to raise the children or in cases where one spouse is ill and cannot work outside of the home. The court will look at how much the individual makes and factors like age and the length of the marriage. Judges may order that the alimony payments last indefinitely or that the payments only last for a set period of time.
During your consultation with an attorney like Rinckey, explain as much about your circumstances as possible. This helps the attorney determine when to file and what to ask for during the proceedings. New York allows anyone who meets its residency requirements to file for divorce