New York divorce law

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The divorce law in New York was amended on August 15, 2010, when Governor David Paterson signed a lawless divorce in New York state. Until 2010, New York admitted divorce was only based on criteria based on mistakes or after separation. The State Senate has approved an Undefined Damage Bill on June 30, and the State Assembly passed a law on 1 July.

Video New York divorce law

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Although generally regarded as a liberal state, New York has a history of being conservative on issues concerning marriage; it is the last country in the country to allow for an unbeatable divorce and still retain (rarely enforced) the law against adultery (Criminal Law Ã,§ 255.17). Until 1966, adultery was the only basis of divorce; cruelty, land that has been available in most other countries, is not available in New York.

Maps New York divorce law

Reasons for divorce

New York is a mixed state that allows both dissolute divorce and separation. In the US, about a third of the states, mostly in the West and Midwest, are innocent, for having removed the wrong divorce. The leading non-Western and non-Midwestern nonpresident country is Florida.

On divorce errors

The state of New York is one of the states that allows for the possibility of divorce . In this case, one party accuses the other of making a mistake ("error"). Other parties may or may not participate in the contest. In practice, the parties may use the wrong reasons to obtain a desired and mutually agreed divorce: they can agree on an undisputed divorce as long as one party is willing to accuse one of the wrong reasons and the other receives a "mistake" without challenging it (this is common in the past). The availability of a sustainable caesarean area affects the couple in order to extract beneficial settlements, as he may threaten to sue a damaged land, which has adverse social or business influence on another partner, unless he is given what he or she wants in the settlement.

The wrong divorce can be obtained because of the following:

• Cruel and inhuman treatment (Legal Relationship of the Household Ã,§170.1)
• Abandonment for a continuous period of one year or more (DRL Ã,§170.2)
• Prison for more than three years after marriage (DRL Ã,§170.3)
• Adultery (DRL Ã,§170.4)

Cruel and inhumane treatment should behave by the defendant who goes to the level that makes it inappropriate for the plaintiff to continue living with the defendant as husband and wife. These underground accusations include allegations of domestic violence and repetition, extreme mental cruelty.

Ignore may be actual or constructive. The actual neglect is usually a couple who leave the marriage house without the consent of another couple without intention of returning. A couple can also lock other couples from the marriage residence. Constructive neglect is a rejection of "the basic obligations arising out of a marriage contract," including interruption of sexual intercourse; building constructive isolation as before can lead to a partner leaving, or locking another, as an innocent partner.

Adultery is difficult to prove because it requires corroborating evidence from a third party; so the statement by the defendant that he has a sexual relationship with a third party is not legally permitted to allow the court to grant a divorce to the plaintiff. Furthermore, if adultery is "forgiven", that is, the deceived party knows about extramarital sexual intercourse but continues to be in a marital relationship, the spouses with their spouses, adultery can not serve as the cause of the divorce.

Uncontrolled damage (no errors)

Since 2010, new land has been added, effectively enabling an unbeatable divorce in New York state:

• The relationship between husband and wife has been irreparably damaged for a period of at least six months (DRL Ã,§170.7)

The parties may also disagree on child support, custody, benefits, shared assets or who will pay legal fees. This is known as "additional help" (see below) requested by one or both parties. No divorce judgment may be provided underground with no errors except and until the economic problems of equality of marital property, payment or neglect of spousal support, child benefit payments, advice and expert fees and expenses as well as custody and visitation with the child The child of the marriage has been settled by the parties, or determined by the court, and put into divorce decisions.

Separation as the basis of divorce

Separation can also be the basis of divorce.

• Separation Decision: "Separation Decision" or "Separation Decision", given by the court, for at least one year
• Separation Agreement: The couple have not lived together for at least a year, and have signed the "Partition Agreement".

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Procedures

Converted conversations

The reasons for divorce can be decided by a jury or by a judge, all other additional assistance is considered fair and must be decided by the judge only.

The reasons in all cases should be specifically stated in the complaint, providing factual details, dates, and actual place of events. The lack of appropriate content is not an affirmative defense; the plaintiff must prove allegations even if not excluded; evidence is made in accordance with the general rules of evidence. Failure to state the cause of the action will result in a ruling against the complaint. Divorce can be initiated by way of filing and service of the Call with Notice to the defendant. The defendant must then make appearances and requests for complaints by the plaintiff, or at risk of having a plaintiff granted a divorce by default. You can find a form to file a divorce in New York on their state web site.

After the case is filed and presented the parties must request the Preliminary Conference within ninety days if the case will be treated as the divorce in question. Such an Introductory Conference will be scheduled if either party submits a "Request for Judicial Intervention" (RJI) at the requested fee. At the Preliminary Conference, the court may deal with temporary matters (ie temporary detention, child support, attorneys' fees or spousal support) and will schedule findings between the parties that include valuation of assets and pensions to be shared between the parties.

Dissatisfied divorce

If all issues are decided between parties they may agree to submit letters to the court for approval; this is known as an indisputable divorce. When the defendant is confronted but does not answer the defense of the law, the plaintiff may seek a default decision by applying to the court. If the divorce begins with a "Call with Notice" then the reason must be proven by the plaintiff's statement, or by testimony on the examination if the divorce is not refuted or granted by default. A divorce which is no exception is also awarded after the defendant appears and waives the right to answer the complaint. In these cases the defendant does not recognize or deny the plaintiff's allegations, it is up to the plaintiff to prove the allegations with testimony or statements in such cases.

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Residency requirements

For the Supreme Court of New York to have jurisdiction over the parties (see DRL Ã,§ 230) one of the following residency requirements must be met:

1. The marriage ceremony was held in New York and one of the couples was a resident of the state at the time of the commencement of the divorce action and stayed in the state for a one year continuous period immediately before the action began.
2. The couple lives as husband and wife in New York and their second spouse is a resident of the country at the commencement of the divorce action and lives in this state for a one-year continuous period immediately before the action begins..
3. The reason for the divorce took place in New York and one of the couples was a resident of the state at the time of the commencement of the divorce action and stayed in the state for a one-year continuous period immediately before the action began./li>
4. The reason for the divorce took place in New York and the two couples were New Yorkers at the time the action started.
5. If all parties marry outside New York and never live together as husband and wife in the state and divorce reasons do not occur in New York, then one spouse must now be a New York resident and have been living continuously in the state at least for two years before filing for divorce.

A "continuous" stay in the state does not mean that the party can not leave the country during the residency period nor does it mean that the party has no other place of residence elsewhere outside of New York.

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Additional issues

Children

There are three major issues when children are involved in divorce or separation:

1. Child custody - physical prisoners (where the child's primary residence) and legal custody (making decisions about children) are two elements of detention. Custody may be collective (shared by agreement between the parties) or may be single as determined by agreement or by court order. Before a prisoner is given, the court usually takes various investigative steps to determine what is best for the child or the child. If custody is not decided by consent (with the court and legal guardian appointed by the court representing the child) then the hearing takes place where both parties provide evidence to determine who should have custody for the benefit of the child (or children). Forms to apply for custody and visits can be found online.
2. Child visits - parents who do not have physical custody have: a) reasonable visitor rights, b) scheduled appointments, or c) are limited to supervised visits. Only in very rare cases may non-custodial parents be denied visits. Typically, this is for very specific reasons such as substance abuse, a history of domestic violence or lack of interest in children.
3. Child support - In New York the amount of child allowances paid by non-custodial parents to a custodial parent is determined by the state of the Child Support Standards Act. Based on the adjusted gross income formulas are 17% for one child and 25% for two children. There are limits to be achieved for individuals with very low incomes below poverty or very high incomes (above $ 80,000 but usually over $ 150,000) that would allow deviations from this percentage. Above and below monthly or child support, the court may also award child support "additional" to childcare fees if the custodial parent works, the cost of education for the child (usually limited to schooling, not personal or basic religion or high school) , and medical expenses, including health insurance costs.

Properties

A fair distribution is a law in New York that determines the division of property at the end of marriage. The court examined thirteen factors in determining the fair share of property accumulated during the marriage and the debt of the parties. The courts routinely state that equity is the norm except in cases of serious offenses, or when dealing with businesses, professional licenses, and lectures & amp; advanced degree.

Pair support

Today the allowance is known as "maintenance" or "spousal support." Unlike child support, there is a formula set to calculate the support of the pendente lite pairs (waiting for litigation), but no postal judgment formula. Spousal support depends on the facts of the case, such as the difference between the earnings of the parties, the length of the marriage, the health of the parties, and the presence of very young children. In New York, spousal support is rarely granted permanently, except in cases of physical or mental disability or when the elderly (about 60 years or older). Generally, it is given for a certain period of time so that the other party can re-stand up after the cessation of marriage. The length of time depends on the facts of the case which the judge deserves to be given.

Legal charges

When one divorce party can not afford to pay a lawyer, the party is allowed to ask the court to order a partner with greater income or assets to pay all or part of the legal costs of the other partner. This award may be temporary at the beginning of the lawsuit or, ultimately, as judges see in each case.

Rename

According to the NY Civil Rights Section Article 65, people have the right to vote, and to change, their names without governmental consent or involvement; thus, those who choose to rename them in connection with marriage do so by custom, not the law. By law, a person may change a person's name at any time by simply using this newly selected name consistently and without intending to commit fraud. However, in order to give the person "legal proof" easy from the name change made in connection with the divorce, any divorce decree specifies the name change option and itself is legal evidence or documentation of the concurrent name change. (The parallel provisions of the Household Relations Act (Section 15) also make every marriage certificate a valid "proof" of a marriage name change (if any).

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See also

• New York Law
• 2013 divorce pickup plot in New York

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References

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External links

• New York's official divorce package

Source of the article : Wikipedia