Divorce attorneys in New York disagree on a lot of things but there are a few things they seem to hold sacrasanct. The first is, know the grounds that are applicable to the state. You can't get a divorce in New York by claiming irreconcilable differences like you do in Connecticut or California. New York is not a no fault state and a person seeking a divorce must have a legal basis or grounds for asking for a divorce otherwise the court can deny the divorce. Yes, that means you would have to remain married to your spouse if you cannot prove grounds. New York divorce attorneys seem to understand the importance of being able to prove grounds. There are about six grounds: abandonment, constructive abandonment, adultery, incarceration, judgment of separation, separation agreement and cruel and inhuman treatment.
New York divorce attorneys also seem to understand the rules with respect to equitable distribution. In New York, it is an equitable distribution state, not a community property state. That means that you don't automatically get half the marital estate like you do in California. You have to prove that you deserve the half, if any of the marital assets. (It is unlikely that you would get nothing at all, but don't bet on half unless you can show why.)
With respect to college expenses, especially in the First Department (New York County), you are likely on the hook for college expenses in New York if you have a college education. It is going to be a part of the settlement agreement and can be a point of contention in a trial. Normally you don't have to worry that you woudl have to pay out of state tuition. The court uses what is known as the SUNY Formula. So whatever the tuition is a the State University of New York at the time the child reaches 18 years of age, that is what each parent is on the hook for, even if the child does not go to a SUNY school. New York divorce attorneys' seem to understand this and are able to agree to it by stip so as to avoid an unnnecessary trial on this issue.
Custody is often a murky terrain for New York Divorce attorneys. Things are not cut and dry and are very case by case determinant. Plan to have a few rendez-vous with pyschological evaluators, and try to do a good job during a deposition to discredit the other parent if you want to win custody for your client. A New York Divorce attorney's job in this context is hardly ever pleasant. Check all emotions at the door.
With respect to child support, the Court uses the Child Support Standards Act in making support determinations. So most NY divorce atttorneys are intimately familar with the CSSA.
Marion TD Lewis is a NYC divorce attorney with offices in the financial district of Manhattan. Ms. Lewis holds degrees in Law, Education and Business. She is an entrepreneur with interests in Law, publishing and consulting. She is the author of several books and articles both on the subject of divorce and other aspects and areas of the law, and life including The Law School Rules, A summer in Brooklyn, and How Oprah Donald Trump and Jesus helped me turn a midlife crisis on its exquisite nose. Marion can be reached at marionthelawyer@aol.com or 631-922-1867.
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