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In New York State, a divorce can be granted without proving fault when the marriage has been irretrievably broken for at least six months. The court also decides on property division, support and child custody. Sean Sabeti, Esq., an attorney in Great Neck, handles divorce cases. Phone: 516-333-4030.
No-fault divorce
Since 2010, New York has allowed divorce without proving that either spouse was at fault. It is enough to state under oath that the relationship has been irretrievably broken for at least six months. However, the judgment of divorce is granted only once the financial, support and child-related issues have been resolved, either by agreement of the spouses or by a decision of the court.
The law also has a residency requirement. Without meeting it, a divorce will not be granted. At least one spouse must have lived in New York continuously for two years before filing; the period is one year in certain situations, for example when the couple married in New York or lived here as spouses. Divorce cases are heard by the New York State Supreme Court, which, despite its name, is a trial-level court in New York.
Uncontested and contested divorce
When the spouses agree on all issues, it is an uncontested divorce. The case then proceeds mainly on paper and usually ends sooner. The terms are set out in a settlement agreement that becomes part of the judgment, so it is reviewed carefully before signing. If there is a dispute about property, support or children, the divorce is contested: the parties exchange financial documents, appear before a judge and, if they cannot reach an agreement, go to trial.
Property division and spousal support
New York follows the rule of equitable distribution. Property acquired during the marriage is divided in a way the court considers fair, which does not always mean fifty-fifty. Separate property, such as property owned before the marriage or received as an inheritance, is generally not divided. The court may also award spousal support (maintenance) while the case is pending and after the divorce; the statute sets a formula that the judge starts from when setting the amount.
Children: custody and child support
In matters involving children, the court is guided by the child’s well-being. Parents can agree on a parenting plan themselves, and the court approves it if it finds that it serves the child. It decides on legal custody, meaning who makes major decisions, and physical custody, meaning where the child lives, as well as parenting time with the other parent. Child support is calculated under state rules (the Child Support Standards Act), which take into account both parents’ incomes and the number of children.
How to prepare for a consultation
For the first meeting, it helps to bring the marriage certificate, recent tax returns, pay stubs, bank and retirement account statements, house and mortgage documents and a list of debts. It is also useful to write down the most important questions: who stays in the house, what parenting time will look like, what happens to savings. A divorce also affects other matters, such as beneficiaries of insurance policies and retirement accounts, a will or health insurance, so these topics are discussed with the attorney early on.
More on Poland.us
We also write about the cases handled by the Law Office of Sean Sabeti in these articles: bankruptcy in New York: Chapter 7 and Chapter 13 and appealing a judgment to a higher court.
Contact
The Law Office of Sean Sabeti is located at 3 Grace Ave, Suite 400, Great Neck, NY 11021, on Long Island (Nassau County). Phone: 516-333-4030. According to the firm’s advertisement, the consultation is free. In the Polish Pages directory, the firm lists service in English and Polish.
More information and a contact form: Sean Sabeti, Esq. – Law Office of Sean Sabeti on Polish Pages.
This article is for general information only and is not legal advice; reading it does not create an attorney-client relationship. Every matter requires individual assessment. Attorney Advertising. Prior results do not guarantee a similar outcome.
