New York State Family Laws
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Family law issues are a common part of the legal world. Each state can set its own laws governing how family law matters are handled. The state of New York is no different, and any family law case that arises in the state must comply with the state's specific provisions regarding family law conflicts. - The state of New York has specific requirements that must be met before a divorce or annulment can be sought in the state. A divorce or annulment petition can only be filed if the parties were married in the state and have been living there for at least a year, or the parties have lived in the state for a year as husband and wife, or the cause occurred in New York and at least one party has resided in New York for a year, or the cause of the divorce occurred in the state and both parties are residents of the state, or either party has lived in the state for at least 2 years. New York requires that parties show grounds for the divorce as well. These include living separately for at least 1 year before the divorce petition is filed, abandonment, adultery, cruelty or incarceration of one party.
- Whenever a family law matter comes before a court in New York where the custody of children is an issue, the court will do everything it can to limit the emotional trauma the children experience. It will decide any custody matters based on what is in the best interests the children, and will take into consideration any factors affecting this. These factors include the child's preferences, the relationship between the child and the parents, the child's emotional and physical well-being, the emotional and physical well-being of the parents, the ability of the parent to maintain the child's regular routine, the ability to provide for the child and any other factor the court finds relevant.
- New York determines child support issues based on the financial need of the child, the parent who is granted primary physical custody and the income levels of both parents. The amount of child support is divided proportionally between the parents and then offset to determine who pays the other spouse support. In determining the proper amount of support needed, the court can take into consideration any factor affecting the financial position of the parties and the needs of the child, including the income of each parent, the financial assets and liabilities of the parents, their education levels, the needs of the child and the standard of living.
Divorce
Custody
Child Support
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