New YorkMarriage & Family Law Home
Marital age requirements in New York:
Welcome to MaritalLaws! In this section you will find information on laws regarding alimony, child support, custody, divorce, visitation, and even property division for the state of New York.
How is Alimony Filed?
In the state of New York, a maintenance order, otherwise known as alimony, is based on a spouse’s duty to support the other after divorce when dependency has been established. ....... Click here to get more info on Alimony
What Steps are Taken Once Child Support is Declared?When child support is declared, the court will order a relative to notify the other party, or the other party and the support collection unit when the order is issued on behalf of a child recieving public assistance and care, of any change in health insurance benefits, including any termination of benefits, change in the health insurance benefit carrier, premium, or extent and availability of existing or new benefits. ....... Click here to get more info on Child Support
What Happens if Domestic Abuse is Filed in a Custody Case?If either party claims evidence of domestic abuse, the court must consider the effect of domestic violence upon the best interests of the child, together with such other facts and circumstances as the court deems relevant in making a decision.
When Would the Court Need Verification?In any action or proceeding brought:
- to annul a marriage
- for a separation
- for a divorce
- to obtain the custody of or right to visitation with any child under a marriage
The court will require verification of the status with respect to the child's custody, including any prior orders, and shall ente ....... Click here to get more info on Custody
What are the Requirements for Divorce?
To get a divorce in the state of New York, the first thing that must be met is the residency. For this state, a spouse must be a resident or stationed through the U.S. Military for two years before it can be filed with the county courthouse.
Recently, New York added a no-fault option in 2010 which requires them to be separated for one or more years before filing.
What are Reasons for a Fault Divorce?
The state recognizes the following reasons for a fault divorce:
(1) The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physi ....... Click here to get more info on Divorce
How is Visitation Requested?New York law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply.
The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."
How are the Child's Best Interests Determined?What is considered in a child's "best interests" are outlined under the custody and visitation statute which indicate the following factors are relevant to this type of decision:
- Each parent’s ability to care for the child
- Each parent’s mental health and physical wellbeing
- Any history of domestic violence in the family
- The parents’ work schedules
- The child’s desires, dependi ....... Click here to get more info on Visitation
How is Property Distributed?Under New York law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. Equitable division does not mean marital property is divided equally, it is divided in manner that results in a fair or equitable result for each spouse.
Courts will consider the following factors:
- each spouse’s share of the marital property
- the economic circumstances of each spouse
- the conduct of each spouse
- the value of the marital property and wheth ....... Click here to get more info on Property Division