We all want to live a fairytale marriage, but unfortunately, it’s not always meant to be. People tend to change over time, and they may engage in inappropriate behaviors that cause trust issues. For New Yorkers who cannot bear to stay in their broken marriage, divorce is an option.

In order to file for divorce in New York, you must meet the residency requirements. Both you and your spouse must be New York residents on the day of your divorce, you must have married in New York or either one of you must have lived in New York for two years before the divorce started.

Divorce is complicated, so don’t handle yours alone. Contact the Montgomery County family lawyers at The Colwell Law Group for legal advice.


Grounds for Divorce

New York recognizes both fault and no-fault divorce. For a no-fault divorce, you must prove that the marriage has been over for at least six months and that all debt, property division, child custody and child support issues have been settled.

You will also need sufficient evidence to prove a fault divorce. To prove cruel and inhumane treatment, you must show that you were in extreme physical or mental danger. To prove abandonment, the other spouse must have left the home at least a year ago or refused to have sexual relations with the other spouse for that amount of time.

You can also claim imprisonment if your spouse has been in prison for the last three years. Adultery is another ground you can use, but this can be challenging to prove because you will need proof from a third party (not you or the other spouse).

Maintenance in New York Divorces

Spousal support, or maintenance, is often provided from one spouse to another after a divorce. Maintenance is used to prevent economic unfairness after a marriage ends. While women almost always received maintenance in the past, sometimes men receive it now if the woman was the breadwinner. Maintenance is based on the length of the marriages, the ages and health of both spouses, contributions to the marriage and standard of living.

Child Custody and Support

If children are involved, the spouses or the court will need to determine physical and legal custody. Physical custody refers to supervision and care of the child. Legal custody refers to making decisions about education, healthcare and other major aspects of the child’s life. Typically, both parents will have equal rights to custody. Both parents are obligated to support their children until age 18.

If a child lives with one parent the majority of the time, then the other parent is obligated to pay child support. This amount is based on income.

Contact a Montgomery County Family Lawyer Today

If you are going through a divorce, you need experienced legal help on your side. The legal system can be overwhelming, especially for someone who has never been in court before. In addition, divorce matters can be highly complex and it’s important that you protect your legal rights.

The knowledgeable Montgomery County family lawyers at The Colwell Law Group can assist you with all family law matters. We know this is a stressful and emotional time for our clients and we will do our part to lessen the burden. To get started on your divorce, call The Colwell Law Group at (518) 512-0544 or contact us online to schedule a consultation today.

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