January 24, 2014 /24-7PressRelease/
-- Years ago, New York had the reputation for being one of the hardest states in which to get a divorce. That may be one reason why New York City is a contender for having the lowest divorce rate in America. Even after New York passed legislation in 2010 giving couples the option of filing for a no-fault divorce, the divorce rate continues to remain one of the lowest. If you are one of the few who plan on filing for divorce in NYC
, here are a few details you may want to look into before filing your divorce papers.
In order to obtain a divorce under current New York legislation, at least one individual of the divorcing party must live in the state for two years before they become eligible to file for divorce. If you were married in New York or lived in the state while married, you are able to file for divorce after one continuous year of New York residency. If the reason for your divorce took place in New York and you have been residents of the state for any period of time, you can also file for divorce.
Grounds for filing
Couples who are filing for divorce must also determine if their reason for separation falls within acceptable grounds for divorce
. These include the following:
- Divorce after legal separation: A couple who has lived apart for at least one year may file for a legal separation agreement. With this agreement, the couple can file for divorce void of an acceptable cause.
- No-fault divorce: Grounds for a no-fault divorce involves being a party to an irreconcilable marriage in which the union has been physically separated for at least six months.
- Fault-based divorce: The party initiating the divorce must be able to prove abandonment, cruel or inhuman treatment, adultery or three consecutive years in jail or prison.
Mediation may help
In many cases, mediation allows the divorce proceeding to run smoothly by providing an environment where the separated couple can negotiate division of property and child custody arrangements. A mediator is present during these discussions, and leads the conversation to ensure that everything is taken care of during the proceedings. After a settlement is created, a judge can read over and approve the terms, eliminating the need of a lengthy court battle.
Concerning the children
While divorce is complicated in itself, involving children in the matter can increase emotions and make matters heated, especially if there is a disagreement in parenting time. There's no question that creating a parenting schedule between the two parents is optimal; however, in situations where an agreement cannot be made, the courts will intervene and determine which scenario is best for the children involved.
Call a professional
Before you consider filing for divorce, be sure to call a reputable and experienced family law attorney. Emotions run high during a divorce, and it can be easy to overlook essential details that can have a large impact on your future. A knowledgeable attorney can help to ensure you receive the treatment you deserve and will work to maximize the outcome of your divorce.
Visit us at divorcelawyer-newyork.net/