New York Divorce and 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 New York, divorce is handled in the Supreme Court, which is considered the lower trial court. Each county in New York has a Supreme Court. These New York Supreme Courts handle cases involving divorce, child custody, equitable distribution, and other divorce-related legal matters.

The highest trial court in New York is the Court of Appeals. The New York Court of Appeals handles family law disputes, which may include matters of paternity, child support, alimony, domestic violence, uncontrollable children, and more. 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, property, etc.

With most family law cases, it is imperative to seek the help of a qualified attorney who can help protect your legal rights and interests. Ann L. Detiere, attorney at law, specializes in family law and has a wealth of experience handling divorce and family cases. Contact us today for more information.

Divorce

Divorce, sometimes called dissolution of marriage, is the legal termination of a valid marriage. 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.

With the prospect of divorce comes the legal distribution of marital and non-marital assets owned by both parties. Divorce often involves handling a number of pertinent issues including spousal alimony, child support, and child custody. A divorce is not the same as an annulment, which legally voids the marriage. Nor is a divorce the same as a legal separation, in which the couple remains legally married even after their property and support rights have been distributed. If you are going through the process of divorce, it is extremely helpful to have a qualified New York divorce attorney on your side.

Asset Distribution

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. Equitable Distribution differs from “community property” distribution, which many states have. Under community property, all assets and debts accrued in a marriage are divided 50-50. In New York, the courts will decide, based on the specifics of your case, how assets and debts will be divided upon divorce.

All property and other assets the couple obtains during the marriage, but prior to separation, is subject to equitable distribution. Asset distribution also includes the distribution of debts accrued during a marriage. Equitable does not mean that all marital property will be split evenly. Rather, the courts will determine the most “equitable” way to divide assets based on specific factors, which may include things like grounds for divorce, duration of marriage, each party’s earning power, and more.

Child Custody

Child custody cases are handled in New York’s family law court (the court of appeals) when the parents are unmarried and in the Supreme Court when the parents are in the process of divorce. 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. Any child under the age of 18 cannot make their own decisions regarding custody and visitation rights. The New York courts will always rule to protect the interests of the children.

Child custody can either be granted jointly or solely. Joint custody allows both parents to make major decision about their child including decisions about health, religion, education, etc. In joint custody, a child may spend time with both parents, though primary custody is often granted to one parent and the other will gain visitation rights. The parent with whom the child lives commonly handles the minor day-to-day issues. 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. Such factors may include parenting skills, mental and physical health of the parent, domestic violence, work schedules, child’s preference, and more.

Child Support

One of the main areas of concern in family law is child support. 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. For one child, the amount of support is 17 percent of the non-custodial parent’s income. Two children get 25 percent of the income and three children get 28 percent. The income includes all money received whether it is earned from employment or from an outside source.

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.

If you or a loved one is going through a family dispute or a divorce, it is crucial to seek the help of a qualified New York divorce attorney who can help protect and maximize your legal interests.