If you and your spouse are having extreme marital distress, and simply cannot live with each other any longer, considering a divorce is not something to be ashamed of. Often, many people file for divorce, and are much happier and lead normal, productive lives. However, New York laws state that for a divorce decree to be approved in a court, there has to be a certain grounds for divorce that are agreed upon, which can include constructive abandonment divorce, or a no-fault divorce. However, the divorce laws changed in 2010 in New York, as you can now file for an abandonment divorce, and it is no longer necessary for you and your spouse to agree on a common ground.
The grounds of Abandonment Divorce can include one spouse is moving away from the other, which is accompanied with the other spouses "unjustified refusal to relocate" together. It can also include one spouse leaving the marital home one year prior to the commencement of the divorce action without any consent, reason or provocation, which can provide grounds for an abandonment divorce. Also, the spouse who remained in the marital home can also be said as the individual who abandoned the marriage simply by changing the locks on the marital home when the other spouse left. Although the laws in New York have changed and made it easier to file for an abandonment divorce, it still may be in your best interest to contact an Albany attorney that can help you in understanding your rights and protections under the law concerning divorce.
Under these new no-fault divorce laws that were passed in October 2010, the individual in the marriage that is determined to have fewer personal assets in the marriage can seek their attorney fees as a part of a temporary spousal support agreement. In prior years, the spouse that was seeking spousal support was required to show justification and the financial need for said spousal support. However, under the new laws, the court automatically assumes that the spouse who has fewer assets is likely the spouse that will suffer the most significant financial damages as a result of property settlement. That spouse is often referred to as the non-monied spouse, and is therefore entitled to have their legal fees paid for as a part of the divorce property settlement.
If you are considering a divorce, or have filed for a pending divorce, you may want to consider discussing your options and your rights with a spousal support attorney. They will be able to help you in answering all of your questions in relation to spousal support and the division of marital property. Often, many people do not understand New York's new no-fault divorce laws, and may have questions about spousal support, divorce grounds, the separation of marital property and debts, as well as modifying spousal support orders. although divorces can be difficult, because there is so much property, debt, children and more associated with them that must be separated, does not mean that you do not have the right of protection under the law that an experienced and knowledgeable Albany attorney may be able to provide you.
Learn more about how aSpousal Support Lawyer may be able to help you in settling your divorce. The in 2010, the laws in New York changed concerning Abandonment Divorce . Find out more at this website.
Article Source: ActuaFreeArticles.com
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