See an attorney because with your special needs children you may have additional consideration insofar as child support and alimony to care for them. That is important to make sure all your rights ar protected.
Here is a summary of New York divorce laws.
New York Child Support Laws
New York child support is calculated based upon the Child Support Standards Act. The amount of child support arrived at under the Act is presumed to be correct unless there is a showing that the amount of child support would be unjust or inappropriate. The factors considered by a New York court in determining the inappropriateness or justness of a child support award are:
* the financial resources of the child;
* the standard of living the child would have enjoyed if the marriage had not been dissolved;
* the physical and emotional health of the child and any special needs or aptitudes of the child;
* the financial resources, needs, and obligations of both the noncustodial and the custodial parent;
* the tax consequences to each parent;
* the non-monetary contributions that the parents will make towards the care and well-being of the child;
* the educational needs of either parent;
* whether one parent's income is substantially less than the other parent's;
* the needs of other children of the non-custodial parent;
* if the child does not receive public aid: any extraordinary expenses required for the non-custodial parent to exercise visitation rights; and
* any other relevant factors.
New York Divorce Laws
New York Divorce Residency Requirements
To file for a New York divorce, one of the following residency requirements must be met. If only one spouse resides in New York at the time of filing the divorce, the residency requirement is 2 years. However, the requirement is reduced to 1 year if:
* the spouses were married in New York and either spouse is still a resident;
* they once resided in New York and either spouse is still a resident; or
* the grounds for divorce arose in New York.
There is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in New York.
New York Divorce Filing Requirements
A New York divorce may be filed for in a county where either spouse resides.
New York Divorce Grounds
The following are the New York grounds for divorce:
* living separate and apart for 1 year under the terms of a separation agreement which is in writing and signed and notarized;
* living separate and apart for 1 year under the terms of a judicial separation decree;
* adultery;
* abandonment for 1 year;
* imprisonment for 3 or more consecutive years; and
* cruel and inhuman treatment.
New York Alimony Laws
New York alimony or spousal support may be awarded to either spouse upon the following factors:
* the income and property of the spouses, including any marital property divided as a result of the dissolution of marriage;
* any transfer of property made in anticipation of divorce;
* the duration of the marriage;
* the wasteful dissipation of marital property;
* the contribution of each spouse to the marriage and the career of the other spouse, including services rendered in homemaking, child care, education, and career building of the other spouse;
* the tax consequences to each spouse;
* any custodial and child support responsibilities;
* the ability of the spouse seeking support to become self-supporting and the time and training necessary;
* any reduced lifetime earning capacity as the result of having foregone or delayed education, training, employment, or career opportunities during the marriage;
* whether the spouse from whom maintenance is sought has sufficient property and income to provide maintenance for the other spouse; and
* any other factor the court deems just and equitable.
New York Property Division Laws
In a New York divorce action, each party will be entitled to retain any of their separate property. Separate property includes property acquired before a marriage, any gifts or inheritances and any increase in value or property acquired in exchange for separate property. All items of marital property will be equitably divided between the spouses in a New York divorce action, based on the following factors:
* the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;
* the value of each spouse's property at the time of the marriage and at the time of filing for divorce;
* the probable future economic circumstances of each spouse;
* the length of the marriage;
* the age and health of the spouses;
* the amount and sources of income of the spouses;
* the present and potential earning capability of each spouse;
* the potential loss of inheritance or pension rights upon dissolution of the marriage;
* whether the property award is instead of or in addition to maintenance;
* custodial provisions for the children and the need for a custodial parent to occupy the marital home;
* the type of marital property in question (whether it is liquid or non-liquid);
* the impossibility or difficulty of evaluating an interest in an asset such as a business, profession, or corporation and the desirability of keeping such an asset intact and free from interference by the other spouse;
* the tax consequences to each party;
* the wasteful dissipation of assets;
* any transfer of property made in anticipation of divorce;
* any equitable claim that a spouse has in marital property, including joint efforts and expenditures, and contribution and services as a spouse, parent, wage earner, and homemaker, and to the career and career potential of the other spouse; and
* any other factor necessary to do equity and justice between the spouses.
The Court may also consider marital fault in dividing martial property.
