How do I begin divorce proceedings in Albany, NY?
Do I Need to Work with an Attorney to Get a Divorce?
What are the grounds for Divorce in Albany, NY?
- Cruel and inhuman treatment
- Abandonment for one or more years
- Imprisonment for three or more years
The two other grounds are considered no-fault, which means neither spouse needs to prove that the other did anything to cause the marriage to end. The no-fault grounds include:
- One year of living apart under a separation judgment granted by the court
- Parties have both signed a separation agreement
In addition to meeting the obligations of the grounds for divorce, one or both spouses must also be a resident of New York. In addition to residency, some couples might be required to show the grounds for divorce occurred within the state (adultery) or the marriage occurred in the state. Depending on the circumstances of the divorce, couples might be required to live in New York for a year or more before being eligible to file for divorce.
How is Spousal Maintenance Calculated in New York?
- Income and property of each spouse, including distribution of marital property
- Duration of the marriage
- Age and health of each spouse
- Present and future earning capacity of each spouse
- Ability of the supported spouse to become self supporting and how long that will take
- Reduced or lost lifetime earning capacity as a result of the marriage
- Parenting responsibilities
- Tax consequences to each spouse
- Role each spouse played during the marriage
- Any other factors that could affect the need for spousal maintenance
What is Equitable Distribution of Marital Property and What Does It Concern?
- Income of each spouse at time of marriage
- Current income
- Current income
- Property owned by each party currently
- Duration of marriage
- Age and health of both spouses
- Custodial parent’s need for a home (should the kids continue living in the marital home with the custodial parent?)
- Loss of inheritance rights and pension rights because of the divorce
- Potential spousal maintenance award
All property, including a business or practice, acquired by either or both spouses during the marriage, but before the signing of the separation agreement, and before commencement of the divorce, regardless of the form title, is held is subject to equitable distribution in an Albany, NY divorce.
Data shows that approximately one-half of first marriages end in divorce. The statistics are even more daunting for second and third marriages, with up to three quarters of those marriages failing. Though many divorces are bitter and destructive, it is possible to end a marriage with dignity, and where there are children, to restructure the family in a way that is best for everyone.