Breaking up a family because of a divorce can be hard on parents and hard on kids. New Yorkers may look for ways to minimize the impacts of divorce on their children, but often it is hard to completely prevent children from experiencing challenges as their family transitions. During a divorce a parent's commitment to their children's custodial needs is imperative to helping their children move into the future.
Not just anyone from anywhere can get a divorce in New York. In order to use the state's courts to end their marriages, individuals must meet residency requirements. The residency requirements that New York law impose on those who wish to use their services prevent non-residents from burdening the system and taking advantage of how New York applies its laws.
Although a divorce is ultimately about severing a marital couple's relationship, it can involve so much more. New York families that have worked through divorces understand that the process affects everyone in the divorcing couple's household, including the partners' children. Issues like child custody and support can therefore be both important and difficult for individuals to address when they decide to end their marital unions.
Divorces are not uncommon, but they can be highly stressful for New York families who are caught up in their proceedings. Even though divorces only dissolve the legal relationship that exist between two married people, other people such as the parties' children can feel the weight of the proceedings in their own lives. Because divorce can have far-reaching impacts on the lives of the parties and others, many New York residents look for ways to minimize the damages that can affect their families.
The parties to a divorce must make several important decisions about how they will separate their lives and manage their ongoing shared responsibilities. Often those responsibilities relate to the care and support of children, but in some New York divorces the parties must determine if spousal support should be awarded. Spousal support is the payment of money from one person to their ex after their marriage is over, and is often referred to as alimony in other states.
A divorce may offer its parties new beginnings for their lives, but before they can move on they must work through several family law issues that will establish their relationship in the future. Particularly if the parties share a child together, they will they have to decide where their child will live and how they will work together to support their child's financial needs.
In New York, individuals may pursue either no-fault or fault-based grounds for divorce. The grounds of fault that the courts recognize include cruel treatment of one spouse to the other, adultery, incarceration of one spouse for at least three years, and abandonment of one spouse by the other for at least a year. Of course, not all couples will have these serious issues existing between them. Therefore, many parties who decide to file for divorce will use the state's no-fault option to get it into the courts.
Family law and divorce proceedings can be complicated by many issues, but at their core the courts that handle these legal issues seek to protect the best interests of the children who will be affected by their decisions. That means that when it comes to matters of child custody and support, courts will look at many factors relevant to the parties and their children to make reasonable decisions. This post will address some of the factors that may be evaluated when courts consider requests for child support in general, but as with all legal matters readers should not use this post as a basis for any legal action regarding their own child support matters.
One of the most challenging aspects of ending a marriage is managing the emotional and physical well-being of any children who may be affected by their parents' split. In New York, parents can seek physical and legal custody of their kids and based upon the needs and interests of those children, family law courts can establish parenting plans to accomplish those ends. However, as every child will present different priorities, it is imperative that courts look at many factors before making custodial determinations.
Marriages require partners to work together for the collective benefit of each member. For example, in New York a father may decide to give up his job to stay home with the family's children while the mother advances her career in the workforce. Though the father may be capable of working outside of the home, he and his partner may decide that everyone will be better off if he gives up his job to provide care to their children.