Navigating the intricacies of divorce laws in New York can be a daunting task for anyone facing the dissolution of a marriage. Whether you’re contemplating a divorce, in the midst of one, or simply seeking to understand your rights and responsibilities, having a solid grasp of the basics is essential. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we understand the emotional and legal complexities that accompany divorce proceedings. With years of experience serving clients throughout New York, we’re here to provide clarity and guidance every step of the way.
Richard H. Cole
Partner
Thomas F. Hewner
Partner
Donna L. Haslinger
Partner
Vivian P. Roche'
Partner
Keith R. Rosso
Attorney
Tasha D. Frazie
Attorney
Grounds for Divorce
In New York, there are several grounds for divorce, each carrying its own set of legal implications. The most common ground is “irretrievable breakdown,” often referred to as “no-fault” divorce. This means that the marriage has broken down irretrievably for a period of at least six months, making it impossible for the parties to reconcile. No-fault divorce eliminates the need to prove fault or wrongdoing by either party, streamlining the process and reducing conflict.
Alternatively, parties may seek a fault-based divorce, citing one of several grounds such as cruelty, abandonment, adultery, or imprisonment. While fault-based divorces can result in different outcomes, including potential advantages in terms of asset division or spousal support, they also tend to be more contentious and time-consuming.
Residency Requirements
To file for divorce in New York, at least one spouse must meet the residency requirements. Generally, either spouse must have been a resident of New York for a continuous period of at least one year immediately preceding the initiation of the divorce action. Additionally, the marriage ceremony must have taken place in New York, or at least one spouse must have resided in New York as a married couple.
Division of Marital Assets
New York follows the principle of equitable distribution when it comes to dividing marital property upon divorce. This means that marital assets, including real estate, vehicles, bank accounts, investments, and retirement accounts, are divided fairly but not necessarily equally. Factors such as the duration of the marriage, each spouse’s financial contributions, earning capacity, and future needs are taken into consideration when determining the distribution of assets.
It’s important to note that equitable distribution does not necessarily mean a 50/50 split of assets. Instead, the court aims to achieve a division that is just and reasonable based on the specific circumstances of each case.
Spousal Support
Spousal support, also known as alimony or maintenance, may be awarded to one spouse during and/or after the divorce proceedings. The purpose of spousal support is to ensure that both parties can maintain a standard of living similar to that which they enjoyed during the marriage, at least for a transitional period. The amount and duration of spousal support payments are determined based on factors such as the length of the marriage, each spouse’s financial resources and earning capacity, and the standard of living established during the marriage.
Choosing a Divorce Attorney
First Step of the Divorce Process
Related Videos
Child Custody and Support
Child custody and support are among the most emotionally charged issues in any divorce involving children. In New York, custody can be awarded solely to one parent (sole custody) or shared between both parents (joint custody). The court considers various factors, including the child’s relationship with each parent, the ability of each parent to provide for the child’s physical and emotional needs, and any history of domestic violence or substance abuse.
Child support is typically determined based on the Child Support Standards Act (CSSA) guidelines, which calculate support based on the combined income of both parents and the number of children involved. However, deviations from the guidelines may be made in certain circumstances, such as high-income families or cases involving special needs children.
Mediation and Alternative Dispute Resolution
While litigation is often necessary to resolve contentious divorce issues, it’s not the only option available. Mediation and alternative dispute resolution (ADR) methods offer couples a less adversarial approach to resolving their differences. In mediation, a neutral third party facilitates discussions between the spouses, helping them reach mutually acceptable agreements on issues such as property division, spousal support, and child custody. ADR methods like mediation can be particularly beneficial for couples looking to minimize conflict, reduce legal costs, and maintain greater control over the outcome of their divorce.
Post-Divorce Modifications
Even after a divorce decree is issued, circumstances may change, requiring modifications to the terms of the divorce agreement. Common reasons for post-divorce modifications include changes in income, employment status, health, or living arrangements. For example, if one spouse experiences a significant increase or decrease in income, they may petition the court to modify spousal support or child support payments accordingly. Similarly, if one parent wishes to relocate with the children, they may need to seek court approval for a modification of the custody arrangement. Our experienced attorneys can assist you in navigating the post-divorce modification process and advocating for your interests in court.
Enforcement of Court Orders
Unfortunately, not all parties comply with court orders issued during divorce proceedings. When a former spouse fails to fulfill their obligations under the divorce decree, such as paying child support or transferring marital assets, enforcement actions may be necessary. Our legal team has extensive experience representing clients in enforcement proceedings, seeking remedies such as wage garnishment, property liens, or contempt of court orders. If you’re facing challenges enforcing your divorce decree, we’re here to provide aggressive advocacy and pursue all available legal remedies to ensure compliance.
Your Family Law Team
Navigating the complexities of New York divorce laws can be overwhelming, especially during an already stressful time. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we’re here to provide the guidance and support you need to protect your rights and achieve a favorable outcome. With our extensive knowledge and experience in family law, we’ll work tirelessly to advocate for your best interests and help you move forward with confidence.
If you’re facing divorce or have questions about your legal rights, don’t hesitate to contact us today to schedule a consultation. Let us be your trusted partner on the path to resolution and a brighter future.