Will I Have to Pay Alimony or child support?
In New York, alimony, also known as maintenance, is typically paid only in long-term marriages where one side has a financial need and the other has the ability to pay.
Can I get Divorced if I Can't Find My Spouse?
Yes. With court approval, you can get divorced in New York after publishing a notice in the newspaper and waiting four to five months, often called divorce by publication.
What are the Grounds for Annulment in New York?
You can get an annulment if either spouse was under 18 at the time of marriage, if either spouse is incapable of sexual intercourse and cannot be cured of the condition, if one spouse is determined to be insane for a period of five years or more, if one spouse does not consent to the marriage and marries under duress or as the result of force, or if one party gives consent as a result of fraud, such as marrying for a Green Card or promising to have children.
Is My Spouse Entitled to Part of My Pension or 401(k), Professional License or Business?
The answer will depend on the length of your marriage and how much of your pension or 401(k) was accumulated during your marriage. If you attained a professional license during the marriage, the license may be seen as enhancing your earning potential and will be considered marital property and subject to equitable distribution. Businesses are also considered marital property subject to equitable distribution.
Do I have to Keep My Spouse on My Medical Insurance?
In most cases, you will have to keep your spouse on medical insurance for a period of time before and after your divorce judgment is final.
Will I Have to Sell My Home?
That depends on how you and your spouse divide marital assets. If you have small children, the court may order that the house not be sold until the children are grown. When determining how to distribute the home or similar asset, the court does not consider how the asset is titled.
How Is Property Distributed Upon Divorce?
New York distributes marital property through equitable distribution, not equal distribution. Factors such as age, health, duration of marriage and property brought into the marriage by each partner, amongst others, are considered by the court when determining what is equitable. Certain property is excluded from distribution during a divorce, including property acquired before marriage and property bequeathed or gifted to one spouse.
Will I Have To Provide Spousal Support To My Ex-Spouse?
This is determination made by the court. The court will consider a variety of factors, including duration of the marriage, incomes of the spouses, current and future earning capacity, contributions to the marriage and any other factors the court deems relevant to the determination, when making a determination about whether or not spousal support should be granted, and if so, in what amount and for what duration of time.
How is Child Support Determined?
In New York, the amount you pay or receive will be based on the income of both parents and the number of children you have. A judge will follow statutory guidelines when determining the amount of child support to be paid and received.
Do I Have to Establish Fault in My Divorce?
Yes. New York is the only state in the union that doesn't offer no-fault divorce. The grounds commonly used to obtain a divorce where the parties agree that the divorce should take place is constructive abandonment, which means you haven't had sex with your spouse for at least a year.
How Long Does it Take to Divorce My Spouse?
If uncontested, a divorce can be completed in less than three months. If contested, the process can take a year or longer.
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