What is a No-Fault Divorce in New York?

In some states, divorce may only be granted if one party has done something to cause or contribute to the failure of the marriage – this is called a fault-based divorce. In recent years, however, many states including New York have adopted no-fault divorce laws, which allow couples to divorce if the marriage has broken down irretrievably.

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The Requirements For a No-Fault Divorce

Although the requirements for no-fault divorces are less than for a fault-based divorce, there are still some restrictions as to who will qualify. In New York, your marriage must have been broken down irretrievably for at least six months prior to filing for divorce. This does not mean you have to be legally separated first, nor do you have to be living apart.

Just as with any other type of divorce, there are some residency requirements as well. New York has a variety of conditions under which you may qualify, so you’ll want to talk to an experienced Syracuse divorce attorney who can help you understand your options.

How Are Child Support & Alimony Determined?

Issues of child support and alimony are important aspects of any divorce case involving children. Currently, a child support percentage is determined based primarily on the combined income of both parents and the number of children being supported. This percentage is used to determine a dollar figure, which is then pro-rated against the income of each parent. This can get very complicated, which is why it is always best to consult with a Syracuse divorce lawyer.

Spousal support is a completely different animal, and is based on the needs of the spouse who is requesting it, as well as the ability of the other spouse to make such payments. There are actually two different types of spousal support – temporary maintenance, which is paid during the course of the divorce proceedings, and permanent alimony, which is paid for a fixed duration of time after the divorce is finalized. As with child support, these calculations can be very complex and can vary from case to case.

Wondering how child support and spousal support will be calculated in your case? Contact our firm today for an initial case evaluation.

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