Divorce proceeding – the specifications that you need to keep in mind

By: michael23 | Posted: 21st May 2010

Like all US states, the state of New York has particular laws pertaining to a divorce proceeding. A divorce may be obtained by negotiation or you may have to use litigation. Whatever the option you choose, it involves a number of legal details. To take care of all these aspects you need to appoint a competent divorce lawyer for the case.

The first step involves proving your residency status. This is essential for filing for a divorce. In which circumstances does the court accept the case as under its jurisdiction? The following are the situations in which a New York court would accept your case:

- The marriage occurred in the state and either of the spouses was a resident for the last one year or more.
- The cause of separation happened in the state and either of the partners was a resident for the last one year or more.
- The couple was residing in the state in the past and till date at least one is still a resident.
- At least one of the partners was residing in the state for two years or more till the occurrence of the cause of separation.
- The couple was residing in the state when the cause of the divorce occurred.

There are a number of grounds on which you can file for a divorce, as per the directives of the New York laws. You need to discuss this matter with your divorce lawyer from beforehand. The following grounds of divorce are acceptable in New York:

• Abandonment, exceeding a one year time period, by the spouse
• Physical and/or psychological torture or ill treatment
• Adultery by the spouse
• Prison confinement, for more than a year, of spouse
• As per an agreement of separation
• According to a decree/judgment of separation

Apart from the filing for a divorce and finding suitable grounds for it, an efficient divorce lawyer would also be able to help and advice you about other issues related to the case, like spousal support, property distribution, child custody and child support.

You sure understand the value of a good Nassau County divorce lawyer by now! This is why the selection of a lawyer for your case needs some effort and a lot of planning. The best thing to do is ask your acquaintances about lawyers who deal with such cases.

Worried about finding the right lawyer? If you are unable to get a good referral, just opt for an online search. Look for candidates who have adequate knowledge of the laws and the license to practice in your state. The professionals who have handled such cases in the past and have come out successful are better options.

It is your divorce lawyer who would help you get a fair settlement in case you opt for negotiation. If the case reaches a court room, the lawyer would be your legal representation and try to turn the case in your favor. Whatever the circumstance, you need to employ a legal expert to tackle it effectively.
This article is copyright
Printed From: http://www.goinglegal.com/divorce-proceeding--the-specifications-that-you-need-to-keep-in-mind-1560989.html
Back to the original article

Tags: time period, occurrence, negotiation, judgment, jurisdiction, child custody, abandonment, child support, litigation, adultery, confinement, state of new york, divorce lawyer, residency status