Elliot Green Law Offices
Skilled Hindu Divorce Lawyer in Brooklyn, Queens, and Staten Island
Brooklyn, Queens, and Staten Island are culturally diverse boroughs in New York. Individuals wishing to get divorced in New York must do so under New York state law. However, for many individuals, navigating divorce as it is viewed culturally and reconciling these views with New York state law can sometimes be difficult. Individuals wishing to undergo Hindu divorce—like many New York citizens—may not be aware of the full range of rights and privileges New York state offers to couples who are getting divorced.
Hindu civil code permits marriage on certain grounds. These grounds include:
- Conversion to another religion
- Mental illness
Women’s rights to divorce are different than those enjoyed by men under the Hindu Marriage Act. For instance, women can only seek divorce, under the act, if:
- The husband has another wife who is living.
- The husband is guilty of a violent sex act.
- The couple lives separately for one year or more and the wife has received official relief for maintenance.
- The marriage was performed when the wife was underage.
Of course, Hindu divorce in Brooklyn, Staten Island, and Queens, New York is subject to the laws of New York. Under New York laws, both men and women enjoy equal protection under the law. Elliot Green Law Offices are well-versed on the complexities of New York state divorce law and can protect the rights of individuals who wish to get divorced.
New York Divorce Law: What You Need to Know
In New York, men and women can seek divorce on the same grounds. There are several grounds for divorce under New York Law. The grounds for divorce are:
- Cruel and inhumane treatment (domestic violence)
- Imprisonment for three or more years
- Living separate and apart under separation agreement
- Living separate and apart under court order
- Irretrievable breakdown of marriage for six months prior to divorce
Divorce can be either contested or uncontested. In a contested divorce, you and your spouse may not agree about matters pertaining to child custody or division of assets, or even about the divorce taking place. In an uncontested divorce, both you and your spouse agree to the grounds of the divorce and agree about the division of finances, child custody, and division of property. While it is not legally required to seek the counsel of a lawyer in New York, the courts recommend that couples seek the counsel of a Hindu divorce lawyer in Queens, Brooklyn, and Staten Island, even in cases where the divorce is uncontested.
In order to get divorced in New York, couples must also meet New York state residency requirements. Individuals seeking divorce must prove that the individual seeking divorce or the spouse has been a resident of New York for at least one year. Residency requirements vary depending on your individual situation, however. A skilled Hindu divorce lawyer can review your circumstances and ensure that you meet the qualifications for divorce in Queens, Brooklyn, and Staten Island, New York.
How Does a Judge Decide Physical Custody of Children?
One of the most important questions faced in Hindu divorce—or any divorce for that matter—is which spouse will retain physical custody of the children. When making decisions about physical custody and visitation of children, New York courts always make decisions in terms of what is in the best interests of the children. The courts review several factors. Factors taken into consideration include:
- The child’s primary caretaker during the marriage
- The home environment each parent can provide
- Which parent can provide a stable home environment
- Physical and mental health of each parent
- Which parent the child currently resides with
- Parents’ abilities to provide for the mental, physical, and emotional health of the children
- Parents’ willingness to allow the other parent in the life of the child
- The child’s own wishes
- The child’s siblings’ living arrangements
- History of abuse or domestic violence of either parent
Decisions about child custody that involve the future of your family and your children’s well-being and safety shouldn’t be taken lightly. A skilled Hindu divorce lawyer can help you build the strongest case possible to ensure the well-being and safety of your children.
Child support payments are another important component of any divorce settlement involving child custody. New York state determines child custody payments based on each parent’s income, while factoring taxes and other child support payments made. Child support is determined based on very specific formulas. However, both spouses must properly disclose all income in order for these formulas to determine a fair child support payment amount. Having a skilled Hindu divorce lawyer working on your side will ensure that you receive justice for your family. The Elliot Green Law Offices handle all complex matters pertaining to child custody and child support in Brooklyn, Queens, and Staten Island, New York. If you’re facing challenging child custody questions as a result of your Hindu divorce, you need Elliot Green Law Offices working for you.
Protecting Your Rights
Divorce can affect many aspects of your financial and personal future. Where your children will live and how much money they will receive are determined during a divorce in Queens, Brooklyn, and Staten Island. Assets and property are also divided during divorce. The Elliot Green Law Offices understand that cultural differences pertaining to Hindu divorce require sensitive counsel and careful litigation. If you’re considering getting divorced in Queens, Staten Island, or Brooklyn, New York you need the Elliot Green Law Offices to fight for you.