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Information about Divorce in New York

MyOnlineDivorcePapers.com offers New York State approved divorce forms that are prepared by New York specific divorce experts, 100 percent court approved, money back guaranteed. Simply create an account, complete the interview, download the completed forms and file for the divorce. Our divorce Specialists do all the paper work for you and send you completed New York divorce forms kit, to save your thousands of dollars in attorney fees.
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Divorce relevant New York state information is listed below:
 

Before filing, if one partner lives in NY, he must be a citizen for at least two years. If, however, the couple lived in NY during their marriage, then the condition of residence becomes one year. If all spouses were NY natives, citizenship is not conditional.

The reasons for divorce in New York can be summarized as follows:

  1. No-Fault Grounds
    • A couple living separately for one year, under an agreement.
    • Due to a judicial separation decree couple living separately for one year.
    • Absolute broken marital relationship with little hope of reconciliation.
  2. General Grounds 
    • Adultery.
    • Recorded abandonment for a period of one year.
    • Prison and detention for at least three years.
    • Inhumane treatment, brutality and violence.
       
There are no clear child custody laws. Either parent can be granted custody, keeping the best intentions of the child in their hearts. There is no question about the interests of any of the parties concerned.

New York is a "Fair distribution" society. This means that any individual property obtained before marriage or in the form of gifts and inheritances shall be retained by the person who owns them. All other local property will be divided into the following factors:

  • Each spouse's financial and emotional commitment to the acquisition of land.
  • Value of properties of each individual.
  • How long the marriage lasted, and both partners' health and age.
  • Each partner's technical and vocational skills, and source of income.
  • The potential loss of any properties and any needless dissolution during or after the divorce.
  • Is the property part or not of the alimony or child support payments, and what kind of property it is.
  • Type of property and any tax effects on that property.
     

Depending on the following factors, either partner may be required to pay adequate alimony:

  • Sources of income and assets of each partner, including income from land.
  • Each spouse's age and health conditions, as well as the length of the marriage.
  • Potential and present earning capacities, technical and vocational skills, and the time needed to be skilled in successful job development.
  • Any domestic abuse that could have caused one partner to refuse to function, as well as any decreased earning ability because they were unable to get training, employment, etc. 
  • The involvement of children, child custody, and any other actors that hinder the partner who is responsible for the earning power.
  • Any unpaid and rare child expenses that need to be paid.
  • Loss of health insurance and medical insurance due to divorce and its expense.
     

They can order either or both parents to pay child support, which includes health insurance. Divorce grounds will not be considered and who pays help depends on the following factors:

  • What are the financial opportunities of all the parties concerned, including the disparity in parents' incomes?
  • The physical, behavioral and emotional health of those affected and the child's special needs.
  • Any other child-care programs offered by adults.
  • Capital streams, requirements, parental obligations, taxes to be charged and, if any, educational needs as well.
  • Services of other kids and people whom the adult aids.
  • Any other consideration is required.
     
There is no ethical provision for mediation in divorce courts in New York City.

 When filing for divorce in the state of New York there is no need for a lawyer. A divorce case that is filed in any of the states without the aid of an attorney is known as Pro Se Divorce.
Pro Se is simply a Latin word, meaning "on her or his own." The method of obtaining a divorce without the assistance of an attorney can vary from state to state. Such forms of divorces in New York are entirely legal and enforceable and are also quite convenient. Typically, in the case of a joint divorce, Pro Se Divorces will be filed after settlements have been reached regarding property sharing and custody issues among the spouses.
 

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