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N.Y.S. Grounds for Divorce are as follows:
Cruel & Inhuman Treatment, Abandonment, Imprisonment, Separation, and Adultery

N.Y.S. RESIDENCY REQUIREMENTS
 1.  Both parties a resident of N.Y.S. for more than one year and the grounds for divorce occurred in N.Y.S.
 2.  One spouse living in N.Y.S. for more than one year AND the parties were married in N.Y.S.
 3.  One spouse, not married in N.Y.S., living in N.Y.S. for two years continually prior to the divorce action.

MILITARY SERVICE does have special requirements.  If the Plaintiff is in active military service, you must file in your resident state.  If Defendant is in active military service, there are special forms that must be completed.  These forms state that the Defendant is fully informed and voluntarily consenting to the divorce.  The SUMMONS must be served by Defendant’s Commanding Officer.

NEW YORK STATE is an "Equitable Distribution" state.  This basically means that all marital property (assets and debts) acquired during the time of marriage are equally owned by both Husband and Wife (even if the item is in one parties’ name).  To prevent a long, expensive court battle, knowing that the state considers everything marital property, it is to your advantage to attempt to provide for division of property and repayment of marital debts together.  Usually the things you may fight over are cheaper to replace than to pay expenses involved in these battles.  If you are unable to come to an agreement, seek Mediation or an Attorney.  As a general rule, courts will divide property this way: Each spouse will keep their separate property, Each party receives 1/2 of the value of the marital assets.  Keep in mind, the Court does not dwell on who is supposedly at "fault."  Therefore, unless one party has deliberately destroyed or used marital property in a wasteful or vengeful manner, a judge will follow the equitable distribution law.

Separate property includes things obtained before marriage or property obtained by inheritance of gift directed to only one spouse, gifts given to one party by the other.  The Judge may also decide that the monies received by one party or as inheritance, if this was beneficial to both parties during the marriage, may also be divided under the Equitable Distribution Law.

Other things that will be taken into consideration by the Judge are:
 1.  Maintenance (alimony)
 2.  Contributions, made by one spouse, toward the career of the other, or staying at home to raise the children and postponing or foregoing career opportunities and experience.
 3.  Probable future financial circumstances of each party.  Considering the educational advantages and income possibilities of the future.
 4.  Value of any business, corporation, or profession in the future.
 5.  Tax consequences to each party as a result of filing single, alimony (which is taxable income to the receiver), head of household consideration, and capital gains produced by sale of assets or retirement accounts such as I.R.A.s.

CHILD SUPPORT minimum is established by N.Y.S.  The minimum child support is:  1 Child - 17%, 2 Children - 25%, 3 Children - 29%, 4 Children - 35%, etc.  The tables for child support are found in "WITH MINOR CHILDREN ONLY" envelope.  Apply figure listed in this chart or greater when determining applicable child support.

POOR PERSON’S WAIVER is a available for people at the poverty level, on Social Services, or Disability.  If you think you may be eligible, call for the proper papers.  Qualifications are to have less that $2,500 in assets, to earn less than $12,000 per year.  If you qualify, this must be the first step.  To obtain a Poor Person’s Waiver you will be required to show proof of income for the past fiscal year, as well as income to the present date.

DEBTS incurred during this marriage are equal debts and considered to be marital property.  Debts acquired before marriage, such as student loans, are the responsibility of the incurring spouse unless there has been an agreement stating differently.

BANKRUPTCY may be necessary if you are buried in debts.  If the marital debts are so high that they can never be paid off, go to Consumer Credit.  If you have no option but to file bankruptcy, it may be better to file before the divorce.  If one party files for Bankruptcy after the marriage, if may result in the spouse losing many of their assets.

DIVIDING MARITAL PROPERTY is made easier by setting up a list of assets with value of each, and a sheet of debts with the balance owed for each.  Total each list, and then come to agreement on how each can be equally divided.  This can be more complicated if there are minor or adult disabled children of this marriage.  Unless the house is sold, the custodial parent who stays in the marital residence with the children may get the house and child support from the non-custodial parent.  A Judge can order deferment of sale until the children are grown giving the custodial parent use as long as they provide residence for the minor children or disabled adult child.

MEDIATION is a valuable source of inexpensive help for a couple that is not in agreement on important issues such as property division, child custody, pension division, etc.  If you cannot reach an agreement, this service is also available through DIVORCE YOURSELF.  You may utilize this service and then complete your divorce or Legal Separation Agreement through DIVORCE YOURSELF, incorporating the terms you agreed upon through mediation into the Divorce papers, and proceed with the uncontested divorce.  The object of Mediation is to obtain a fair and just solution to all areas of disagreement in a quick and inexpensive way.  All agreements made through Mediation should be reviewed by an attorney.

Call today for further information.