Filing for divorce can be difficult. However, attorney Nicholas Hicks helps people in New York navigate through the process.
Ending a relationship isn’t as quick and easy as it used to be, before marriage that is. There are a million different reasons why a couple would choose to get divorced. However, when it comes time to file, the Plaintiff (person seeking the divorce) must establish the ground(s) for wanting the divorce. Attorney Nicholas Hicks helps people by explaining legal grounds for divorce in New York.
Legal Grounds for Divorce in New York
In 2010, New York implemented “no-fault” divorce, where the couple can claim a broken relationship that has lasted for a period of at least six months. However, attorney Nicholas Hicks notes that there are many other options which fall under fault-based grounds for divorce in New York.
1. Irretrievable Breakdown of Marriage (no-fault)
Under this, the newest ground for divorce in New York, the Plaintiff must state under oath that the marriage is irretrievably broken and has been for a minimum of 6 months prior to the filing of the divorce action.
2. Cruel and Inhuman Treatment
Divorce can be filed under this category when there has been physical, emotional, or verbal spousal abuse. Attorney Nicholas Hicks explains that it creates an unsafe environment endangering someone’s physical or mental well-being. A judge will require evidence of those bad acts within the past five years.
One spouse (the defendant) must have abandoned the other (plaintiff) for more than one year. Attorney Nicholas Hicks describes abandonment as someone moving out of the home or changing the locks. If one party unreasonably refuses to engage in sexual relations, it can be considered “constructive abandonment.”
If one spouse (the defendant in the divorce) has been imprisoned for three consecutive years or longer after the marriage, a divorce can be filed.
Divorce can be filed if one partner committed adultery by cheating on the other. Attorney Nicholas Hicks explains that the adultery must be proven in a court of law. Proving adultery is often very difficult because, in New York, the evidence is needed from a third party.
6. Separation for a year or more in accordance with a filed written Separation Agreement.
Interestingly, parties do not have to physically separate and can in fact still reside in the same household after the execution of the Separation Agreement. However some Courts have held that the agreement is null and void if the parties begin living as spouses again (which has usually been interpreted as resuming sexual relations).
7. Separation for a year or more in accordance with a Judgment of Separation issued by a court of competent jurisdiction.
About Nicholas Hicks:
Starting from an early age, Nicholas Hicks was rescued from N.Y.C. foster care at the age of 5 years old. Nicholas Hicks attended both public and private school where he eventually graduated from E.C.C., U.B. & U.B. Law School.
Many people think approaching an attorney is the first step in a divorce, however, lawyer Nicholas Hicks explains three things you should do beforehand.
Divorce can be a complicated and emotional process to go through, even if it’s not a surprise. Those who are trying to navigate divorce in New York for the first time often turn to a lawyer. However, there are certain things to consider before making that initial contact. With more than 20 years of experience in private law practice, Lawyer Nicholas Hicks reveals three things to know before seeking a divorce lawyer.
Before filing for divorce, lawyer Nicholas Hicks recommends meeting the New York residency requirement. One spouse needs to have been living in New York for at least one year before starting the divorce or two years if from another state. Even if you were married in a different state, lawyer Nicholas Hicks explains that you may still be able to file in New York-based on other criteria. Before contacting a lawyer, Nicholas Hicks recommends confirming dates of residency and preparing all relevant paperwork showing proof of such.
Recently, New York incorporated “no-fault divorce,” where one spouse claims the marriage has been broken for six months or longer. Lawyer Nicholas Hicks explains that previously, the legal grounds for divorce were based on someone committing offensive acts like adultery or abandonment.
However, if both people can agree about all issues related to the separation, lawyer Nicholas Hicks recommends proceeding directly with “no-fault” divorce. Issues that need to be settled usually include child custody, finances, and property. If those issues still need to be negotiated, you may need the help of a professional attorney, like Nicholas Hicks of Buffalo, NY.
3. Prepare Records
Even if both parents agree on a 50/50 split custody arrangement, lawyer Nicholas Hicks explains that this does not excuse the higher earner from paying child support. In New York, children have the right to financial support from both parents until they turn 21 years old. Both total income and expenses calculate child support. Lawyer Nicholas Hicks notes that generally, people can expect to pay around 17% income for one child, 25% for two children, and 29% for three. To make the process easier, prepare all financial records before meeting with an attorney.
About Nicholas Hicks:
Starting from an early age, Nicholas Hicks was rescued from N.Y.C. foster care at the age of 5 years old. Nicholas Hicks attended both public and private schools where he eventually graduated from E.C.C., U.B. & U.B. Law School.