Thursday, December 30, 2010

New York divorce law

Divorce can be a difficult time for a family, especially in the big city. To help reduce some stress, it is important to know the laws of the State New York divorce, your rights to protect. In contrast to many other countries, New York is not no fault divorce. Reasons DivorceIn newyork, divorce will be granted for the following reasons: cruel and inhuman treatment, neglect, adultery, or when one spouse are sentenced to three years or in prison longer. Couples can get a divorce conversion after you have been legally separated or for a year or longer.Residency RequirementsTo get divorce in New York living separately, a party must have lived in the State of the last two years. However the requirement is reduced to one year of residence if the reasons for divorce as such as adultery in New York was the couple in New York to marriage.Alimony MaintenanceAlimony lived or maintenance based on is determined by case basis in New York. Is to determine whether maintenance is appropriate, the Court of considers that the health and age of the parties, the ability of both parties accustomed to profit, standard of living, the couple because was, during the marriage, the duration of marriage age and education and training, a party independent.Property DivisionNew York become may financially need a State of fair distribution and has custody of children, i.e. property is divided, which is fair and equitable rather than 50-50. Divorce, returned all private property to each party and all municipal property, the marital status will be distributed. Compensation for personal injury and each element of the couple agreed previously assets owned before the wedding gifts and inheritances obtained during the marriage was properties from thet separated and private property contains Eigenschaft.Alle gets another property during the marriage, including pension and retirement funds plans are matrimonial assets ConsiAssassi and are subject to the distribution. The Division of marital considered how the property was acquired, if one or both of the difference in profit potential, the type of the property and wishes each party worked outside the home, parties, as far as possible, appropriate .child New York guard and non-custodial parents are legally obliged to pay maintenance for children until the child completes 21 or 22 College. New York calculated the maintenance for children with shares revenue model. Thanks to this model is monthly based on a standard formula, calculated that the gross income of the parent and the children of the family represents. This amount can be changed but if wedlock orders additional support for other children or for expenses such as special medical care, a child needs seem special. Childcare is determined based on the best interests of the child. Determine the best interests of the child, the Court will examine the physical and mental health of the parties if the parents is a new companion, the relationship of the child and financial situation each party with his parents and extended family, the wishes of the child and the history of domestic violence have criminal activities or drug abuse.

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