Divorce Laws
Divorce laws vary between jurisdictions, but now all 50 states have a no-fault based ground for divorce. New York State Governor David A. Paterson on August 13, 2010, signed into law significant new legislation to reform New York State’s outdated divorce laws.
The revised law, which took effect on October 12, 2010 as a new ground, “irretrievable breakdown,” which allows for one spouse to swear under oath that the marriage relationship has broken down irretrievably for at least 6 months.
The new law still requires, prior to the court granting a divorce, economic issues involving equitable distribution of marital property, maintenance (alimony) payments, child custody/visitation, child support and counsel and expert fees be resolved. These requirements ensure that the concepts of equitable distribution, maintenance and the Child Support Standards Act (providing guidelines for child support) are in place prior to granting the divorce.
New York Divorce Laws You Should Know
If you are filing for divorce in New York, here is important information you should know: First, New York is an equitable distribution state. “Equitable distribution” does not always mean “equal distribution.” Your divorce lawyer needs to explain to you what this means in terms other than “legalese.”
New York has seven grounds for divorce. Four are based on the fault of one of the parties: cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more years, and adultery. The other grounds that have been in existence fall into the no-fault category: one year of living apart under a separation judgment granted by a Court, under a separation agreement signed by the parties and now the new law of “irretrievable breakdown.”
An action for divorce may be maintained only when:
The husband and wife were married in New York, and either of them is a resident of New York when the action is begun and has been a resident of New York for a continuous period of one year immediately before the beginning of the action
OR
The parties have resided in New York as husband and wife, and either of them is a resident of New York when the action is begun and has been a resident of New York for a continuous period of one year immediately before the beginning of the action
OR
The grounds for divorce occurred in New York, and either party has been a resident of New York for a continuous period of one year immediately before the beginning of the action
OR
The grounds for divorce occurred in New York, and both parties are residents of New York at the time of the beginning of the action
OR
Either spouse has been a resident of New York for a continuous period of at least two years immediately before the beginning of the action.
A simple, uncontested divorce can be processed within 60-90 days, while a complex, contested divorce action, involving contested custody, valuation and property issues, can take from twelve to eighteen months.
