Summary of New York Divorce Laws
New York law encourages spouses to agree on the primary issues involved with a divorce case, but the statute covers key areas in the event of a dispute. There are provisions related to:
- Division of Marital Property: The law requires an equitable division of marital assets, though an exactly equal split is rare. A Schoharie County Family Court judge will determine a fair distribution of property based upon such factors as:
- Each spouse’s age, and physical and emotional health;
- The duration of the marriage;
- Each spouse’s income during the marriage;
- Separate property each spouse owned before the marriage;
- Any award of alimony to one spouse; and,
- Other factors listed in the statute.
- Order for Spousal Support: Alimony may be necessary for one spouse to live in relative comfort and lead a lifestyle similar to that which he or she enjoyed during the marriage. Spousal maintenance may also provide an opportunity for one spouse to gain the training or education necessary to become self-sufficient.
In most cases, a judge will award spousal support to the lower earning party or the spouse who gave up certain employment opportunities to contribute to the household. Gender is not a key factor when determining the appropriateness or amount of alimony, despite the common assumption that a wife will receive it.
Issues Related to Minor Children
New York State law requires parties to address the needs of minor children in a divorce case and shared parenting is the preferred arrangement. A judge will enter an order on custody, visitation, and support according to the child’s best interests. Factors include:
- The stability of the existing residential arrangement;
- Each parent’s mental health and physical wellbeing;
- Work schedules, as they relate to child care;
- The financial capabilities of each parent;
- The child’s preference, where age-appropriate; and,
- Other factors as designated by law.
Schedule a Consultation with a Schoharie County Divorce Attorney Today
From simple, agreeable matters to complex dissolution of marriage disputes, our lawyers at The Colwell Law Group, LLC provide experienced representation in all aspects of divorce cases. Please call us at 518.864.0564 or visit our website for more information on our legal services. We can schedule a confidential consultation to discuss your circumstances and options.