New York Divorces Can Be Complicated
Under New York’s domestic relations law, if you or your spouse have been living in the state continuously for more than a year and meet certain other restrictions, either of you may commence divorce proceedings.
Filing for divorce includes expressing your “grounds” or legally acceptable reasons for the filing. There are several grounds, including:
- Divorce after separation agreement or judgment – This may be one of the least used options
- No-fault or irretrievable breakdown in your relationship – If you have been apart for more than six months and can agree to all terms such as property division, debts and child-related matters
- Adultery – Requires evidence of sexual relations with another person
- Abandonment – When a spouse physically leaves or refuses sexual relations for at least one year or longer
- Imprisonment – When a spouse has been incarcerated for three years or longer
- Cruel and inhuman treatment – When physical or mental safety is at risk
You may start out thinking you can file a “no-fault” divorce but soon realize you and your spouse cannot agree to terms about legal or physical custody of your children or about any number of financial issues. I can help you work out the details of your divorce.
Fair And Equitable Property Division
Your marital assets and debts are subject to a fair and equitable division. This does not mean that you will each get an exact 50-50 split of assets and debts. It may be reasonable for one spouse to stay in the marital home, or it may be necessary to divide retirement accounts using a qualified domestic relations order to ensure each spouse walks away with what the court deems fair.
This is where working with my law firm, Ganci Law Group P.C., can ensure the uncertainty of your financial stability is addressed. It may be the case after negotiation that you and your spouse are actually able to agree to the terms of your settlement agreement rather than letting the family court create one for you.