International Divorces in New York Courts: Grounds for Divorce in New York

In New York, a divorce may be granted by a New York Family Court based on a mutual agreement of separation, an order of separation by a New York court, for “Fault” attributable to the other spouse or for No-Fault Grounds. A New York court may not grant a divorce in New York based on any other grounds, but the aforementioned New York grounds for divorce. Getting a divorce in New York does not need to be stressful or time consuming. Often the most important issue in handling a divorce is hiring a New York street-smart divorce attorney.  We handle many international divorce matters in New York. Often our clients are foreign nationals married to New York residents or vice versa. These matters require, not only a New York family law attorney, but a New York attorney that understands international divorce requirements and the needs of resident aliens residing in New

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Hearings Necessary in New York Child Custody Disputes

In a significant change in adjudicating New York child custody disputes, the New York’s Court of Appeals recently ruled that, in most cases, NY child custody and visitation orders should, only, be made after the parties have been given the right to a full evidentiary hearing before a New York court. The recent NY Court of Appeals (highest court in New York state) decision in the matter of S.L. v. J.R., the NY Court heard an appeal from an order upheld by a lower appellate court that allowed a custody award to be upheld without conducting a hearing.  The reason the lower appellate court upheld the custody award is because it determined that no hearing is necessary where the court had enough relevant information to make an informed decision as to what was in the child’s best interest. In reversing the appellate decision, the New York Court of Appeals noted,

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Hiring a New York Divorce Lawyers for International Divorces in New York Courts

Our law firm’s New York attorneys handle many divorce and family matters for our international clients. The major issues that arise are, typically, jurisdiction of the New York courts, service of process and the grounds for the New York divorce.  We wrote an article on the Grounds for a New York divorce and will be posting an article soon, also, on International Service of Divorce Documents in New York soon. New York’s Domestic Relations Law Section 230 allows New York courts to have jurisdiction over the parties in a divorce matter if and only if: “1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or 2. The parties have resided in this state as husband and wife and either party is a resident thereof when the

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New York Divorce: Residency Requirements and Permissible Grounds for Divorce in NY

Prior to filing for a divorce in New York, you must meet the residency requirement as outlined in New York’s Domestic Relations Law, and you must have a legally acceptable ground for the divorce in New York. Domestic Relations Law § 230 outlines the residency requirement that parties seeking a New York divorce must meet to legally pursue a divorce in New York. There are a few ways parties can meet the residency requirement: Either you or your spouse have been living in New York State continuously for at least two years before the divorce litigation is commenced; Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is commenced; and you were married in New York State, or you lived in New York State as a married couple, or the grounds for your divorce happened in New

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Drafting a New York Prenuptial Agreement

In light of the impending divorce of superstar couple Brad Pitt and Angelina Jolie, now is a good time to become re-acquainted with what a prenuptial agreement is and what can and cannot be included in a New York prenuptial agreement. A New York prenuptial agreement is: a contract between future spouses; that discloses assets and income of the parties; and details key choices of the parties during marriage, after death, after disability and after divorce or separation. In New York, a prenuptial agreement is valid and enforceable so long as it protects both spouses (not patently unfair) and it was entered into with full and fair disclosure of all assets. New York also requires that a New York prenuptial agreement be executed much in the same way a deed is signed and recorded, with the parties being required to have, in most cases, separate New York attorneys. A NY prenuptial

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Filing a Contested Divorce in a New York City or County Family Court

If you and your spouse have decided to amicably part ways, you may simply want to consider filing for a New York uncontested divorce.  An article on the uncontested divorce procedure, in New York, can be found at: Grounds for Divorce in New York State Courts.  An attorney is needed, in most cases, to file a uncontested or uncontested divorce.  For obvious reasons, the choice of the lawyer is more important in cases concerning a contested divorce. In New York, an uncontested divorce is a fairly straight-forward procedure, and is possible as long as both of the parties are over the age of 18, have no children under the age of 18, have been separated at least six months, both agree the marriage can’t be saved, and you’ve already agreed on the division of your assets. However, if any of these realities don’t apply, you will need to apply for

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