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(USGovernment-News.Com, April 09, 2013 ) New York, NY -- Spodek Law Group recently released a new infographic on New York divorce procedures. With real time facts and charts, this informative piece is a vital source for anyone seeking divorce within New York. According to the infographic, family courts cannot grant divorces. Only the Supreme Court in the county where the parties reside can grant divorces.
For any divorce to proceed, the parties must meet stringent requirements and criteria. This includes residency requirements and certified grounds for divorce. In order to file for divorce, the parties must have been married within New York State. Either spouse must’ve lived in New York for at least 1 year prior to filing for divorce. The grounds for divorce also had to occur in New York, while both parties have to be current residents of the state.
In order to secure a divorce, the court must validate acceptable grounds for marital termination. This includes irretrievable breakdown, which means the relationship had to be defunct for at least the last six months. This is known as no fault divorce, which are also the most common grounds for permanent separation in New York. Cruel and inhumane punishment is also a deciding factor in dissolving marriages. This is when either spouse’s mental or physical health is in danger.
The infographic also highlights abandonment as an acceptable ground for divorce. This is when a spouse abandons his wife or husband for at least one year. Imprisonment is also considered grounds for divorce as well. This is when either spouse is imprisoned for 3 or more years. Adultery, of course, is one the main reasons why divorces occur in New York and across the country. If filing for divorce under these grounds, however, witnesses are required. There are also other restrictions that the Spodek Law Group can clearly explain to those seeking divorce.
If both parties have been separated for at least a year, this can legally constitute a divorce. The couple, however, will still have to go through the legal motions to validate and certify the divorce. There are also two types of divorce, contested and uncontested. With the latter, the parties agree on the legal grounds of the divorce, along with any issues that may arise as a result. This can include equitable distribution, child custody, and child support. It can also extend to visitation rights and maintenance. Even with an uncontested divorce, lawyers representing both parties will draft all documents and file them with the respective court.
With an uncontested divorce, the parties simply control the outcome of the case. They are also entitled to a written agreement, which coincides with the overall uncontested divorce package. This includes documentation filed in the court that requires zero appearances by either party. In these cases, the attorneys represent and handle all details on behalf of their respective clients.
With contested divorces, the parties do not agree on the grounds and some or all of the issues that arise from it. Unlike uncontested divorces, the presiding Judge will control the outcome of the case. Like uncontested divorces, however, contested divorces will require timely and professional legal representation. In fact, attorneys representing both parties will handle all the court documents and litigation proceedings. This can also include court hearings, pleadings, investigations, and research. They will also work with forensic accountants and even mental health experts if needed.
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