Differences Between New York and Other States
At our Rochester law firm, we advise clients about all aspects of the divorce process, including the ways in which divorce in New York differs from divorce in other states. It is important for clients to have a correct understanding of the process so they know what to expect and how long it will likely take.
Equitable Division
There are two major differences between New York law and the laws in many other states. First, New York is an equitable distribution state, meaning that marital property is not automatically divided 50/50. Rather, the judge approves a division that is fair, or equitable, after considering a variety of factors. These can include the length of the marriage, the contributions that one party made to the other for his or her education and training, the ages and health of the parties and other issues tied up with child support and spousal maintenance.
Property acquired before the marriage or property rendered separate by agreement cannot be included in a property settlement unless the parties agree to do so. Untangling marital and separate property is a complex matter, and our law firm is adept at handling every detail.
Grounds for Divorce
The second difference is that no-fault divorce is not available in New York state. To dissolve a marriage, one of the parties must have specific grounds for the dissolution — irreconcilable differences or incompatibility are not options. Grounds for divorce in New York include
- Cruel and inhuman treatment in the previous five years
- Abandonment for one or more years
- Imprisonment for more than three years
- Adultery
- Living apart for more than one year after a legal separation
Cruel and inhuman treatment is the most commonly cited reason for divorce. Whether you want a contested or uncontested divorce, you need to have a reason. Our lawyer can help you determine the best course of action and identify the grounds that most accurately reflect your situation.
Contact The Trotto Law Firm, P.C. to speak with an attorney about equitable distribution and grounds for divorce in New York state.
