Monday, December 20, 2010
New York State divorce laws
The spouse who initiates an action for divorce in New York City must list the reasons for divorce in the complaint. New York is not a State "is not an error" divorce but an application for conversion of marital separation agreement or a separation of the entered court in a final divorce decree for obtaining a divorce in consideration. The complaint the divorce action must also all auxiliary in addition to the judgment of divorce, request custody of the child and the child support, distribution of matrimonial and spouse list. Residence RequirementsNew York law requires that at least one of the parties to an action for divorce in the country will live if the divorce action is initiated. Residency obligation is satisfied if the parties (spouses) lives in New York for two years before the action for divorce is filed. Residence requirement is also met if a party for a year spent State and both spouses in New York living during the marriage or the marriage ceremony in New York was carried out or reasons for divorce occurred in the State. Residence requirement is also met if the reasons for divorce was held in New York and both spouses, in the State live, in which the action for divorce filed.Grounds spouse DivorceThe divorce is action in New York which lays the grounds for the application for divorce. In accordance with the law, New York, the reasons for divorce may include abandoned adultery or live separately for one or more years under an agreement between the spouses or a separation judgment, a court issued by cruel and inhuman treatment, for one or more years in prison for more than three years. Claims, as is the lack of communication, mutual differences incompatibility or irreconcilable consentinsufficient for a divorce in New York.Child custody and child SUpportWhen were parties to the action of the divorce the children under 18 living in new YNous jobs, complaint divorce proceeding to initiate an application for custody of the children included. Award of support for children is required if the parties to an action for divorce have children under the age of 21 years. The court award child custody and support based on the best interests of the child and the circumstances of the background case.Spousal divorce action includes a request to support a spouse by the other party to the action for divorce, which court become different factors determine whether grant temporary or permanent maintenance (man) account. The Court will consider such as the length of the marriage, age and health of the spouses, the earning capacity of both spouses, the tax for the two parties on the action of divorce implications, the presence of children in the House of the spouses either and the maintenance of a spouse's career for the contributions of the spouses, the marriage.Distribution is many guiding principle for Division property between the parties to an action for divorce in New York "equitable distribution", or the property between the spouses in accordance with what is just to divide or fair. If the spouses an agreement on sharing which were not reach the Court of divorce award property is issued. The Tribunal to consider factors like the income of the spouses at the time of the marriage at the time the divorce suit was filed, are located in the marital home, the length of marriage, loss of inheritance or claim under one need a custodial parent's divorce and probably future financial situation of both spouses.
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