If you are considering getting divorced in Brooklyn, New York, you might have many questions. The answers below are meant to only provide general information and won’t replace the advice of a qualified divorce attorney in Brooklyn, like the Elliot Green Law Offices. Here are some commonly asked questions divorcing individuals face.
- What are the requirements for divorce in New York? In order to get divorced in New York, you need to meet New York’s residency requirements and have grounds for divorce. You must have lived in New York for at least two years before getting divorced in order to meet New York’s residency requirements. Or, you and your spouse must show that you both have resided in New York State for at least one year before the divorce proceedings begin and show you got married in New York State, show that the grounds for divorce happened in New York, or show that you lived in New York state as a married couple. If you have questions about whether you meet the requirements for divorce in New York State, consider speaking to the divorce attorneys at the Elliot Green Law Offices in Brooklyn, New York.
- What are the grounds for divorce in New York? New York recognizes seven grounds for divorce:
- Irretrievable breakdown of the relationship for six months (no fault divorce)
- Cruel and inhumane treatment
- Divorce after a legal separation
- Divorce after a separation judgement
Many couples will either divorce after a legal separation agreement is put in place or will divorce following six months of an irretrievable breakdown of the marriage. However, there are situations where at-fault grounds for divorce are appropriate and beneficial. The Elliot Green Law Offices in Brooklyn, New York will take the time to understand your situation, review your reasons for divorce, your goals, and help you understand which grounds for divorce are best for you.
- What steps should I take if I want to get divorced in Brooklyn, New York? If you are filing for uncontested divorce in New York, you’ll need to file all signed and notarized papers with the County Clerk’s Office. Your former spouse will need to be served the divorce papers. This must be done in person. With an uncontested divorce, couples must have no children, the relationship must have been over for at least 6 months, and the division of property and debts must be settled. If you have children, or concerns about debts and division of property, you won’t be able to use the uncontested divorce method. You’ll need to present a parenting plan and child custody agreement before a judge and have it approved before you can move forward with your divorce. The Elliot Green Law Offices are divorce lawyers in Brooklyn, New York who can help you file all paperwork, and reach a divorce settlement that protects your rights and is in the best interests of your children.
- How is property divided during a divorce in Brooklyn, New York? There are different types of property that must be considered in a divorce. There is marital property and separate property. Separate property is any property or assets you acquired before the marriage. This might include real estate, businesses, bank accounts, retirement accounts, or investments. Marital property is any property you acquired after the marriage, like real estate, businesses, bank accounts, retirement accounts, or investments. While this might seem clear enough, sometimes separate property can become marital property if marital assets are comingled with separate property. New York law calls for the equitable division of property. While this means that the courts will generally start with looking to divide property in a 50-50 split, the courts also have flexibility to divide property differently, if appropriate. A judge may decide it is fair for one partner to receive more than 50% or less than 50%, if say, one partner was a higher-earner or contributed more to marital assets. If you have questions about how your property should be split in your Brooklyn, New York divorce, speak to the Elliot Green Law Offices today.
- Who gets the house, condo, or co-op in my Brooklyn, New York divorce? One of the biggest questions you’ll need to ask if you own real estate with your former partner, is who gets the house. Sometimes couples choose to sell the family home and split the proceeds. This will likely be the easiest way to handle the family home. However, in a down market or in a situation where one partner doesn’t want to sell the family home, there may be other options. One partner can purchase the other partner’s equity in the home. Or, if one partner wants to keep the home, other assets and alimony might be handled differently to make this possible. Before choosing to assume ownership of the family home, it is important to evaluate whether you can afford to keep the home on your own. The Elliot Green Law Offices are divorce lawyers in Brooklyn, New York who can walk you through your various options.
- How is child custody determined in New York? Child custody decisions are made based on the best interests of the children standard. In general, courts tend to favor arrangements where both parents enjoy time with the children. A parenting plan should include specifics about how each parent will spend time with the children, how major decisions for the children will be made, and how the children will be transported to each home.
- What if I want sole custody of my children? Sole legal and physical custody is only rarely awarded, such as in cases of abuse, sexual abuse, violence, or imprisonment of the other parent. In general, the courts tend to favor arrangements where parents share legal custody (the right to share time with the children and make decisions for the children), where one parent may have sole physical custody, but the other parent enjoys shared parenting time. If you want sole physical custody of the children, speak to the Elliot Green Law Offices in Brooklyn, New York today. In shared custody arrangements, one parent may still have more time with the children or the children may still live with one parent and visit the other.
- How is child support determined? Child support is determined using formulas that consider each parent’s earnings. However, child support doesn’t include money to cover college expenses and other activities that your children may need. The Elliot Green Law Offices are divorce lawyers in Brooklyn, New York who can help you consider all your children’s needs and reach a divorce agreement that takes these needs into account.
- Am I entitled to receive alimony? Alimony is not awarded in all divorce cases. In cases where one spouse earned more than the other, or in long marriages where one spouse cared for the other or where one spouse was a homemaker and the other worked outside the home, alimony may be deemed appropriate. The Elliot Green Law Offices are divorce lawyers in Brooklyn, New York who may be able to help you seek alimony or answer your questions about whether you might be entitled to receive alimony.
- How long will my divorce take? Every divorce case is unique. Speak to the Elliot Green Law Offices, divorce lawyers in Brooklyn, New York to learn more about the specific steps you’ll need to take, and to get a better timeline for your divorce.