What are the Grounds for Divorce in New York?
According to NY divorce laws there are essentially six grounds for divorce, out of which only 5 require the finding of "fault", meaning some form of misconduct by one of the parties.
No fault is the sixth and final ground, which does not require the finding of any form of misconduct on behalf of either of the spouses. All that is required is that the parties live part for at least 12 months pursuant to a separation agreement. Both parties must sign and consent to the separation agreement.
How is Property Distributed
New York divorce laws are based on the principle of equitable distribution, meaning that property is divided equitably according to certain rules, as opposed to common property states such as California, which is a "community property" state and assets are divided equally (50/50 split).
Is there a preference over who gets custody of the children?
No, there is absolutely no set in stone preference stating that either party should get custody. The court takes a look at the individual facts of each case when making these decisions and the Domestic Relations Law section 240 states that there is no prima facie fight to the custody of the child in either parent.
What is the best way to avoid a lengthy and costly trial?
When parties are divorcing, it is essentially up to them how they want to go about the technicalities of the divorce. If the soon to be ex spouses are co-operative, non-combative and are looking for the best strategy, then settlement can be achieved quickly and the massive costs of trial avoided.
This is the basis of the strategy at The Law Offices of Brian D Perskin. Brian D Perskin and his team look to avoid a costly and time consuming trial and instead opt for a quick settlement, as early as possible, without having to waste both time and expenses going through a prolonged divorce process.
If you are ready to begin your divorce proceedings and want to work with the law firm with the winning strategy that is fair and equitable to both spouses as well as the children involved, contact The Law offices of Brian D Perskin.