What is Divorce Law?

Divorce is the legal end to any marriage and begins when one of the spouses, known as the plaintiff, files an initial court complaint for divorce.

Most states have mandatory factors that judges must consider when making equitable property divisions and awarding alimony, drawing from existing common law and statutes. Some states even offer separate ‘courts of equity.

Property division

Law surrounding divorce has many dimensions and each state varies slightly when it comes to its rules, yet most fundamental aspects remain constant throughout all states – these include property division, custody determination and award, alimony payments and child support as well as other issues pertaining to ending a marriage.

Typically, when dealing with a divorce case, judges divide property fairly between both spouses. This does not necessarily mean dividing assets equally between them; judges take various factors into consideration when making their determination; such as length of time spent married, contribution each partner made towards keeping it going and any other relevant considerations.

Property division requires distinguishing between marital and separate property. Marital assets usually refer to anything earned or acquired during a marriage; such as income from jobs, real estate purchases or loan payments made during that marriage, bank accounts or vehicles acquired during that marriage and any assets or income acquired as part of the marital partnership. Separate property refers to assets either spouse owned prior to marrying; was gifted from third-parties during or post marriage or that have been inherited.

Divorce proceedings require both spouses to disclose all income and assets to the court for analysis by judges in order to arrive at an equitable division of property. Hiding assets could result in the case being reopened with new valuation assessments of such items being conducted by them.

Judges typically divide assets between spouses by allocating each a percentage of the overall value of their estate minus debts and then distribute assets and allocate debts so that each person’s share matches their assigned percentage. In certain instances, judges may make an award instead of property to compensate one spouse for contributing to their marriage and any assets lost through divorce proceedings.

Though fault is no longer considered when it comes to divorce law, it still plays an integral part of any decree regarding property division and alimony payments. Fault may also play an impactful role when considering custody arrangements and child support obligations as part of ending marriages.

Child custody

Divorce law dictates that, if you and your spouse have had children together, both are entitled to share custody after their divorce – including decisions regarding where and how the children will live, and any form of upbringing that they receive. Most often this occurs via joint legal and physical custody rights; however in certain instances one parent can have sole legal/physical custody rights.

Custody arrangements can be highly individual decisions; there is no universal solution that works for every family. Courts typically try to determine custody arrangements that provide each child with optimal conditions for emotional and social well-being – which should be the primary concern when making their determination.

Judges must take several factors into account when making custody decisions, such as the age and relationship between each parent and child, whether there has been domestic violence or any abusive behavior, parents’ own wishes as long as these wishes are in the best interests of the child, gender stereotypes no longer play an influence in custody decisions and many judges now explicitly state they cannot award custody solely based on gender.

In most instances, both parents will collaborate to draft a parenting plan on their own or with help from custody mediation and/or their attorneys. Once an agreement is reached between both parents, they submit it to court and it should be approved if it appears to be in their children’s best interests. When awarding sole legal or physical custody to one party or having difficulty making a decision regarding parenting plans, judges often use testimony from experts such as psychologists and psychiatrists in order to assist them in reaching informed decisions.

Final step in any divorce proceedings is for a judge to sign off on the separation agreement and issue a judgment of divorce. There are various types of divorce; most often it takes about 90 days from filing date until judge issues judgment on property division, custody and support/alimony issues.

Child support

Parental obligations to support their children legally mandate payment of child support payments that help offset the expenses of raising a child, including shelter, food, clothing and education. Child support payments typically are distributed either via wage garnishment or directly between one parent to the other or arrangements made through state child support agencies. Courts utilize an established formula when awarding support payments; however they also may deviate from this guideline depending on factors like a parent’s ability and needs as custodial parent, and standard of living prior to divorce.

Child support payments generally continue until either the child reaches age of majority or becomes legally independent, with both parties keeping in mind what would best benefit their respective children when determining an amount due. An attorney specializing in family law can often facilitate this process and assist all involved parties.

Divorce can be an emotional experience with multiple facets that need to be considered when making this life-altering decision. At Rudyuk Law Firm, our experienced New York divorce lawyers have assisted many clients with issues related to marital dissolution ranging from property division, custody arrangements and child support payments through to spousal maintenance payments (also referred to as alimony).

Fault divorce can be obtained in New York by showing evidence at a hearing that one party committed adultery, endangered the life of the plaintiff or abandoned them for over one year. New York also allows what’s called limited divorces similar to legal separation in other states.

Limited divorces can only be granted if both parties agree and no minor children are involved. Under this type of agreement, couples have ninety days from receiving notice of the filing a complaint to separate and discuss matters such as custody, property distribution and support arrangements.

Alimony

Alimony refers to money that former partners pay each other as part of the divorce settlement agreement in order to help the receiving spouse adjust post-divorce life. In New York, temporary spousal support may be awarded in order to give recipient spouse sufficient time and financial stability to become self-supporting.

Judges take several factors into consideration when awarding spousal support: their financial situation and earning capacity as well as any needs or duration of marriage from both spouses; tax implications associated with any support being awarded and possible instances of domestic violence or misconduct as grounds for dismissal from marriage.

Judges must first identify which spouse has an “need” for support and which can provide it. New York recently adopted gender-neutral legislation which allows either partner to qualify as the recipient. Alimony payments must be made in cash; other forms of compensation such as services or goods will not suffice, and can be stopped or terminated at any time due to either party’s death.

Adultery can be grounds for divorce in New York, provided that there was “procurement” or “connivance.” Procurement refers to your spouse encouraging or participating actively in your adultery, while connivance refers to them actively encouraging it themselves. Furthermore, both partners must have committed adultery with someone outside of the marriage; no co-conspirators or participant is acceptable as evidence in court proceedings for adultery in a marriage relationship.

New York is an equitable distribution state, meaning assets acquired during your marriage will be distributed equitably between you and your partner – although that doesn’t always equate to 50/50 division. Therefore, it is highly advised to seek advice from an experienced New York divorce lawyer regarding equitable distribution laws in your county as this area of law can be complex and require someone knowledgeable of these processes in order to guide your proceedings successfully.