Family Law / Divorce / Estate Planning

New York Divorce & Family Law

The court system in New York differs greatly than that of other states, especially when it comes to family and divorce law. In essence, the Family Court in New York deals with all the facets of conflict within a family. It is important to bear in mind that family relationships do not just concern legally married couples. Many issues handled in New York Supreme Courts and Family Courts involve couples that are not married, but share children and/or property.

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In the state of New York, divorces are granted in the Supreme Court, which is considered a lower trial court. New York does not have a no-fault divorce policy per se. Instead, it requires spouses to live apart from one another for at least one year before filing for divorce. Both parties must sign a Separation Agreement in order to start that one-year clock.

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During the process of divorce, the court will oversee the distribution of all assets and debts accrued during the marriage (in some cases even those accrued prior to the marriage). Laws governing the distribution of assets vary from state to state. New York is an Equitable Distribution State, which means that upon dissolution of marriage, the Supreme Court must equitably distribute all marital property regardless of who owns the title. All property and other assets the couple obtains during the marriage, but prior to separation, is subject to equitable distribution.

There are two parts to child custody. Legal custody gives the right and responsibility to make decisions that will affect the child's well-being. Residential or physical custody decides where the child will live and with whom they will spend their time. Child custody can either be granted jointly or solely. Sole custody awards legal and physical custody to only one parent or guardian. In sole custody the other parent may have limited or no visitation rights. Many factors go into the court's decision when appointing custody.

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New York law requires the non-custodial parent to support his/her children in matters of maintenance, education, and more. The number of children in a household is the primary factor used to determine the amount of financial support the non-custodial parent must provide.In most cases, a child is eligible for support until the age of 21 unless they get married or join the military. In addition, if a child over the age of 17 leaves home and becomes emancipated, child support no longer has to be paid.

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