A Nassau County divorce statutes lawyer is likely an attorney who has practiced in this field for years working with many other clients just like you. A Nassau County divorce statutes lawyer will be able to explain to you that there are many different laws on the books across New York that are designed to streamline the process of handling divorce issues and to standardize the way that judges evaluate critical divorce concerns such as distribution of property, child support, spousal support, and more. The divorce laws in New York are based on your County residency, waiting periods and whether or not you are filing for a no-fault or choosing a fault-based divorce. No-fault based grounds require explaining that the marriage has been irretrievably broken down for at least six months and these have only been on the books in New York since 2010.
A fault-based divorce may be much more expensive to pursue since you are essentially responsible for proving that the other party is guilty of some cause of the divorce such as adultery, three years or more of incarceration, or cruel and inhumane treatment. This can lead to a lot of resources being spent in the effort to pursue divorce and associated matters.
A divorce statutes attorney in Nassau County will help you figure out whether fault-based or no-fault based divorce is more applicable in your individual case and help you prepare the necessary paperwork to move forward. In order to initiate a divorce in New York, you must ensure that you are applicable to do so under the statutes for residency. If you were married in New York or lived in the state as husband and wife and either party has been a resident for one year before commencing the lawsuit, or if either party has been a resident for two years, you may be eligible to get divorced in New York.
The no-fault grounds for divorce require you to show that the marriage has been irretrievably broken down for at least six months or that you have been separated. There are certain defenses to a divorce filing also outlined under the New York statutes if you are pursuing fault-based grounds for adultery. Not just anyone can allege adultery and be able to use this as a ground for a fault-based divorce.
It might seem as though you’re alone when it’s time to file for divorce and you have to protect yourself, but it doesn’t have to be this way. You should have a lawyer in your corner to help you pull together the necessary information to work through the courts. If you are filing on fault based grounds, there are some additional considerations to keep in mind as you go forward. You’ll want to have an attorney’s insight on how to prepare those kinds of cases.
If the offense was forgiven, if the offense was committed with the plaintiff's knowledge or support, if voluntary cohabitation after learning about the adultery or if no action was commenced within five years of the discovery of the adultery, then the party who is alleging this fault-based ground may struggle or be unable to achieve this in court. Various New York codes establish rules for judges to consider what is in the best interests of the child related to child custody and particular formulas may be used with the input of numerous factors and some judge discretion to identify whether or not spousal support or child support is applicable in your case.