 Randi
L. Karmel, PLLC, 425 Park Avenue, 27th Floor, New York, NY 10022 |
 |
 A
divorce is a decree by a court that a valid marriage no longer
exists. A divorce leaves both parties free to remarry. It usually
will provide for division of property and make arrangements
for child custody and support.
The area of legal practice known as divorce/family law encompasses
a variety of issues related to marriage and children. The cases
handled by an attorney practicing family law tend to be of a
sensitive nature, as they often involve members of an immediate
family, spouses or former spouses, and children. The circumstances
surrounding a family law case also tend to involve money or
property, contributing to the heightened emotion of the situation.
Family law includes divorce, maintenance, custody, child support,
pre-nuptial agreements,
mid-nuptial agreements, etc. Retaining a divorce/family law
attorney for negotiations and drawing up a stipulation of settlement
or separation agreement will prevent ambiguities and will ensure
that all decisions are reached in accordance with state requirements
and are legally binding. Although you may think that you do
not need family law attorney and that the situation can be settled
amicably, there is nothing that can replace the security of
knowing that the situation was resolved in accordance with laws
of the State of New York. In case relations become strained
during the settlement, an experienced family/divorce lawyer
will often be able to provide objective counsel.
If you or a loved one is currently involved in a situation requiring
a family law attorney, you will want the best representation
possible. This makes it very important to find an attorney who
focuses specifically on divorce and family law in the state
in which the legal action and will take place. In addition,
a divorce/family law attorney who is aggressive in defending
your rights and thorough in conducting case work will often
save you from future inconvenience and legal problems.
|
 |
 Grounds
for Divorce
Under New York Law, you must have grounds for divorce. Four
of the grounds of this state are based on the fault. They are:
cruel and inhuman treatment, abandonment for one or more years,
imprisonment for three or more years, and adultery. Abandonment
can either be physical abandonment or constructive abandonment
(refusal of sexual relations for one or more years because of
physical or mental illness and after repeated request by the
other party rather than for no good cause). The only “no-fault”
divorce in New York are living apart under a separation agreement
for one or more years and one year of living separate and apart
under a separation decree granted by a court.
|
|
Legal Separation
A separation is not the same as a divorce. If spouses
live separate and apart without a formal written agreement of
separation or a court judgment of separation, New York State
does not recognize it as a ground for divorce.
Under New York State law, you and your spouse must live separate
and apart pursuant to a written agreement of separation for
a minimum of one year from the time both parties enter into
the written agreement and the spouse seeking the divorce must
have substantially complied with the terms of the agreement
or judgment.
The reason for obtaining a legal separation is to make certain
the rights and responsibilities of the parties during the period
of separation are clearly outlined and adhered to.
Payments of support during a period of separation sometimes
are called temporary maintenance. If the person obliged to make
such payments fails to do so, a court could order the payments
and take steps to enforce payments.
If the husband and wife have children, the separation agreement
or court order can be specific to the arrangements regarding
custody or visitation with the children, and the court also
can enforce those arrangements.
Modifications of the provisions of support, custody and visitation
can happen when the divorce is finalized.
An informal or legal separation does not mean the husband and
wife must divorce. They are free to reconcile at any time and
resume living together. For some couples, a separation serves
as a cooling off period--a method of relieving immediate pressure
while they sort out their differences. |
|
|
|
