Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff
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FAQ
New York is a no-fault divorce state, which means that you don't need any grounds to file for divorce. The law only requires that your marriage be "irretrievably broken" in order for you to request a dissolution.
If you committed adultery yourself during the marriage, you cannot use adultery as your grounds for divorce. If you stayed with your spouse for five years or more after discovering the adultery, you cannot file for divorce using adultery as grounds.
The Uniform Marriage and Divorce Act, on which many states' spousal support statutes are based, recommends that courts consider the following factors in making decisions about alimony awards:The length of the marriage; and. The ability of the payer spouse to support the recipient and still support himself or herself.
New York is an equitable distribution state. This means, during a divorce, property division is handled in a way deemed most fair to both sides. It does not mean that all property will be split 50/50 between spouses. The court takes into account factors regarding the marriage and contributions of each party.
The parties to a divorce action are called a plaintiff and a defendant. The plaintiff is the spouse that commences the action for divorce and the defendant is the respondent spouse.
Adultery as a Legal Ground for Divorce in New York In a "no-fault" divorce, the filing spouse only needs to show that the marriage has been "irretrievably broken" for at least six months. This basically means that the couple can't get along anymore or remain married because of their differences.
There are no set rules as to what might constitute a changed circumstance, but examples include a reduction in salary or rental income, loss of property, increased earnings in certain circumstances, cohabitation by the recipient of spousal support with someone of the opposite sex (see Family Code 4323), loss of
O. The opposing party is the other party in your family law action, such as your spouse or the other parent of your child(ren).
New York courts must divide the marital property equitably. That means fairly, considering the circumstances of the case and of the parties involved, but it does not necessarily mean equally. There is no statutory requirement of a 50/50 split of marital property.