Divorce Lawyers in Westchester
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Divorce Lawyers Westchester
An annulment, a legal separation, or a divorce are the three ways that a marriage can terminate in New York. Since 2010, New York has been a no-fault state, which means that a couple simply has to claim that their marriage is irretrievably shattered to dissolve it.
However, a spouse may also point to any of several at-fault factors, including abuse, infidelity, or the confinement of a spouse. This is occasionally done to obtain better terms during a settlement.
As an equitable distribution state, the courts will make an effort to divide a couple’s assets fairly and equally, albeit this does not imply that the division will be equal.
Bifurcation of marital status refers to the legal ability of both parties to a divorce to proclaim themselves single while other aspects of the divorce are still being resolved. It has no bearing on contentious issues like child custody, visitation, child support, alimony, or other matters that may have become significant roadblocks to the divorce resolution.
In New York, bifurcation is often not permitted unless there are strong circumstances. The possibility of two trials rather than one is one factor, and the removal of settlement incentives further lessens the urgency with which economic problems should be resolved. When considering a bifurcation action, couples must keep in mind that they will have to pay court expenses and attorneys’ fees for two trials rather than one.
According to the legislation regulating military people who are seeking a divorce, you or your spouse must either live in New York or be stationed there.
The same legal reasons apply to both civilian and military divorces. Either assert that a marriage is irretrievably shattered, or list more specific reasons why you should get a divorce. One spouse is imprisoned for three or more years after the marriage, infidelity, brutal or inhumane treatment, abandonment for a year or more, or any combination of these.
Copies of the documents filed to start a divorce must be served on the spouse to allow them a chance to reply. The Servicemembers Civil Relief Act gives spouses some protection when they are serving in the military. This enables individuals to delay the divorce while they are serving in the military overseas or otherwise unable to appropriately answer the petition.
Military soldiers and their families who deal with the additional difficulties of active service are relieved of numerous legal and financial responsibilities under the Servicemembers Civil Relief Act. By approving the necessary documentation, a service member may decide not to postpone the divorce and enable it to progress amicably.
In addition to New York’s property split rules, the Uniformed Services Former Spouses Protection Act, which controls how military benefits are calculated after a divorce, provides further protection for service members. Federal law prohibits the distribution of a military member’s retirement benefits to a spouse unless the pair has been wed for at least ten years during the service member’s active duty.
State policies govern child support and spousal support, however, federal law stipulates that awards cannot exceed 60% of a servicemember’s salary and allowances if they are unmarried. If the veteran gets remarried and has a new family that they have to support, that percentage lowers to 50%.
Any divorce proceedings in cases of domestic violence are subordinate to ensuring the immediate safety of a spouse or children who may be at risk.
Any type of physical assault, emotional abuse, stalking, or any form of harassment of one spouse by the other, including harassment by phone calls, mail, or social media, is considered domestic violence.
When domestic violence occurs in a marriage, the priority should be for one spouse to take action to ensure their safety above all else. Law enforcement has significant safeguards against domestic abuse. This indicates that a spouse’s first course of action should be to leave the home where the abuser resides, and if the threat is there, to notify the police.
Either before or after filing for divorce, you can petition the court for a civil order of protection to keep your husband legally apart from you. If necessary, these orders may be valid for up to five years.
Domestic abuse cannot be used as a basis for divorce on its own, but because New York is now a no-fault state, it is sufficient to declare a marriage to be irretrievably damaged. When discussing child custody, domestic violence becomes a much bigger problem.
The abuser could not be granted any custody rights if domestic violence is proven since courts usually prioritize the best interests of children when deciding all divorce-related matters. In other situations, visiting could be permitted, but only in certain circumstances and with tight restrictions.
Adultery and Infidelity
When a partner engages in sexual activity voluntarily with someone other than their spouse while they are still married, it is considered infidelity and adultery.
This was one of the grounds that may have been used to obtain a divorce in New York before 2010. The legislation has since changed, and New York is now regarded as a no-fault state, meaning that a couple can obtain a divorce only because their marriage has irretrievably broken down. The marriage cannot be saved or restored after an irretrievable breakup.
In New York, some spouses will still list additional grounds for divorce, such as cruel treatment, abandonment for one year or longer, or the imprisonment of one spouse for a period of three or longer after the marriage. A spouse will do this in the hopes of obtaining a more advantageous position about the conditions of the settlement, which may include alimony, child support, or a division of assets.
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