Buffalo Divorce Lawyer With Experience
In New York, marriage can only be altered or dissolved by the New York State Supreme Court. To get divorced you must specify grounds(reasons) for divorce.
Grounds are valid reasons, which must exist and be proven to the Supreme Court’s satisfaction. Without grounds, the Court does not have the power to grant a divorce, even if both parties want to be divorced.
Grounds for Divorce:
- Cruel and inhuman treatment of one party by the other,
- Abandonment for one or more years,
- Imprisonment for three or more years, and
- Living separate and apart pursuant to a separation judgment or decree,
- Living separate and apart pursuant to a separation agreement, and for one year or more
- Irretrievable breakdown in relationship for a period of at least six months.
- Conversion Divorce
- Irretrievable Breakdown
Conversion Divorce:A conversion divorce, involves converting a separation into a divorce. Parties who are legally separated are required to file for divorce, should they wish to no longer be married. To qualify for this type of divorce, the following conditions must be met by the plaintiff.
- The parties have been legally separated for one year or more, and
- The party seeking the divorce has substantially complied with the terms of the separation agreement (or decree).
Irretrievable Breakdown:Using irretrievable breakdown as ground allows one spouse to unilaterally end the marriage. To qualify for this type of divorce, the following conditions must be met by the Plaintiff:
- The relationship between the Husband and Wife must have broken down irretrievably for a period of six months or more,
- One party must testify (under oath or by affidavit) regarding the breakdown, and
- All related issues (including property division, spousal support, child support, counsel fees/expenses, and child custody visitation) must have already been resolved or have been ordered by a court.
The Equitable Distribution Law (EDL) covers all issues concerning the:
- Determination or division of assets,
- Determination or division of liabilities, and
- Fixing of spousal maintenance.
Spousal Maintenance:Spousal Maintenance may be awarded to one spouse, payable by the other spouse. Temporary Maintenance:
Temporary Maintenance that is to be paid while the action of divorce is pending in cases where there exists a substantial disparity in the incomes of the parties.Post-Divorce Spousal Maintenance:
Post-Divorce Spousal maintenance is paid after the conclusion of the parties’ divorce. Post-divorce spousal maintenance is based upon factors set forth in the EDL, may be for a limited or indefinite time period. It may be waived by agreement, under certain circumstances.
In calculating spousal maintenance, the Court will consider many factors, including:
- Prior standard of living of the parties,
- Present and future earning capacity of the parties, and
- Ability of the party seeking spousal maintenance to become self-supporting.