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Browse our 1 legal question about Divorce & Separation in United States and the lawyer answers, or ask your own questions for free.
The divorce process in Pelham, as in rest of the United States, involves legal termination of a marital union between two individuals, thereby reinstating them as single and permitting them to marry others if they wish. Separation, however, refers to a court order that does not end a marriage, but allows the couples to live apart while remaining married. Divorces in Pelham are governed by the state laws of New York.
A lawyer proficient in divorce and separation laws can guide you through the complex legalities of a divorce or separation, which include issues such as asset division, alimony, child custody, and child support. If the divorce or separation is contested, or if there are significant assets or issues of domestic violence, having a lawyer becomes even more essential. Your representative can protect your interests, advocate on your behalf, and help you understand your legal rights in the most optimum manner.
In Pelham, pursuant to New York laws, a divorce can be either "no-fault" or "fault" based. In a no-fault divorce, you need to state that your marriage has irretrievably broken down for at least six months. For a fault-based divorce, certain grounds such as adultery, abandonment, cruel and inhuman treatment, or imprisonment for three years must be proven. The state also follows equitable distribution, which means all marital assets are divided in a manner that is fair and equitable, but not necessarily 50-50.
The duration of the divorce process can vary significantly, based on factors including whether the divorce is contested, the complexity of the asset division, and the court's schedule. An uncontested divorce can generally be finalized in a few months, while a contested divorce may take a year or more.
A divorce permanently ends a marriage, whereas a legal separation permits a couple to live separately but remain legally married. Some couples prefer legal separation as it allows for the possibility of reconciliation, or for religious or insurance reasons.
Alimony, also known as spousal maintenance, is financial support one spouse pays to the other after a divorce or separation. In New York, the courts determine the amount of alimony using a specific formula that considers several factors, including the duration of the marriage, the income and property of each spouse, and the age and health of both parties.
In Pelham, as well as the rest of New York, the best interest of the child is the standard used to decide custody. Factors taken into account include the parents' abilities to provide a stable environment, the child's wishes, and any history of domestic violence or neglect.
Yes, in many cases a divorce decree can be modified. For example, if there is a significant change in circumstances, you may be able to obtain a modification of child custody, child support, or alimony arrangements. To do so, you generally need to file a motion in court detailing the reasons for the proposed changes.
Potential resources for additional help include the New York State Unified Court System website, which has extensive information on divorces, as well as local family services agencies, support groups, and legal aid organizations.
If you need legal assistance in a divorce or separation, it's advisable to consult with a local attorney who specializes in family law. You can prepare for your consultation by gathering all necessary documents, such as financial records, prenuptial agreements, and correspondence related to your case. Remember, the advice and assistance of a legal professional can be invaluable during this challenging time.
