Getting Divorced In NY- Basic Laws

NYC Family Law

In New York, when a marriage is legally terminated, there are two terms that refer to one and the same meaning: ‘Divorce’ and ‘Dissolution of Marriage.’ If you are among those planning and deciding to legally end your marriage, there are procedures that you need to undergo before you are given the ‘Divorced’ status.

Couples obtain a judicial decree through a court judgment. The judicial decree declares the dissolution of marriage and when it has been legally finalized. Couples are free to marry again but with some restrictions depending on some jurisdictions.

The divorce process may need to address some matters depending on the couple. Such as circumstances where both own properties and if they have any children are subject to the provisions to be made.  There may be division of properties and bills and at the same time, alimony, child custody, child support, spousal support, child visitation rights, and other relevant matters that need to be resolved.

At the start of the divorce, if the couple comes to an agreement on relevant issues they can have an uncontested divorce that lets them proceed with the succeeding steps in the divorce process unhampered. Uncontested divorces are much easier and faster and you may not need legal counsel.

Other couples do reach an agreement so soon with regards to the issues and the termination of their marriage. This is a contested divorce and these types of divorce are typically complicated and drawn out procedures. Legal counsel becomes necessary, with judicial intervention, in order to conclude the divorce procedures and and to work out terms agreeable to both parties.

Each state of the US may have its own codes, laws, and rules in handling marriage termination but there are common laws in all the states. There is hardly any uniformity and the divorce law and procedures in every state varies.

Though divorce law basics may sound simple enough, there are a few minimum requirements to get the divorce.

  • You must reside in your state for a specific period of time. While other states don’t require residency, a quick divorce may not be possible in some states.
  • The divorce must be filed in the state where you live and not where you and your spouse got married.
  • While other states are not that particular on this, some states require that both spouses have lived apart from each other for a certain period of time before they can file for divorce. Theory behind this is to ensure that both spouses are decided to live in separate ways. Make sure to ask your local attorney about the contested and uncontested divorce policies in your area.

These are just the basic divorce laws but it is always best to consult a divorce lawyer before filing your case to make it easier for you. Different states have different divorce laws and regulations. Make sure to get a divorce lawyer you can talk with freely so that they can more easily assist you with successfully filing for divorce and working out agreeable terms to expedite the procedure.