A divorce is a legal end to a marriage. In fact, it is the only way to end a marriage that allows the couple to return to their single lives. For example, leaving the marital home doesn’t constitute a legal divorce. New York couples contemplating a divorce should be aware of divorce laws and speak with a divorce attorney buffalo ny.
Grounds for Divorce in Buffalo
In New York, one or both spouses must live in the state prior to filing for divorce. If the case is a no-fault divorce, it means the marriage didn’t end because of a specific reason. If the spouse or spouses cite a reason for the divorce, they must choose from the list of five:
2. Abandonment (one spouse must have left for more than one year for the other to claim abandonment.)
3. Mental or physical cruelty
4. A spouse has been in prison for at least three years
5. The spouses were separated for more than one year
The Types of Divorces Available in Buffalo, New York
As mentioned earlier, a couple can receive a no-fault divorce. This can be filed together or by one spouse on the grounds that there was a marital breakdown in the marriage that lasted more than six months. The couple isn’t required to allege any wrongdoing on either spouse’s part.
A couple who wishes to file for divorce in Buffalo and who agree on marital issues can draft a joint divorce petition. The joint divorce petition outlines the terms of their divorce. This includes debts, division of property and spousal support. The drafted joint divorce petition will be looked at by a divorce judge and approved.
However, if the couple can’t agree on marital issues, then it becomes a contested divorce. Usually the term “contested” refers to one spouse not wanting a divorce. It also refers to a couple who wants a divorce, but can’t agree on issues such as child support and alimony. If this occurs, a divorce judge may have to resolve these marital issues at trial before a divorce can be finalized.
Steps in the Divorce Process in Buffalo, New York
There are specific steps to take to obtain a divorce such as filing a petition in county court. The other spouse will receive a notice once the petition is filed. A preliminary conference hearing will establish a timeline for the divorce case to proceed. It will also identify any areas where there is or potentially will be a dispute.
Rights of Each Parent in a Buffalo, New York Divorce
Each spouse is fiscally responsible for the upbringing of their children. When determining child support, all financial documents are considered such as tax returns and pay stubs. The spouse with the higher income will usually be responsible for contributing a higher monthly child support. It’s important to remember the courts will take into account who has physical custody of the children.
Another important thing to remember is that gender in a custody battle during a divorce does indicate which parent will receive custody of minor children. Thus, a mother doesn’t have an edge in a child custody battle because they are female.