On occasion, people file for a legal separation due to religious reasons or to overcome the residency requirements for filing for a divorce, or because one party needs to remain on the other party’s health plan for medical reasons. Later, they convert the matter to a dissolution. In any event, the result of a legal separation is very similar to a dissolution except that the parties may not remarry.

In its simplest terms, the difference between a legal separation and a divorce is that a divorce ends a marriage, while legal separation does not. A legal separation allows some cool-off time for a troubled couple and gives them a chance to reconcile their relationship. And if things work out well between the couple later, the legal separation can be ended and the couple can continue their marriage. A divorce on the other hand puts a permanent full-stop to the marriage. There are some more differences between a legal separation and a divorce. (more…)

In order to file for a divorce in New York, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed.

Residency and Filing Requirements: The requirements are as follows: (more…)

Child visitation, is now referred to “parental access” in some New York courts. Child visitation is usually awarded in situations where joint legal custody or sole custody has been determined by a court. The child must be a resident of New York for a period of six months, except in emergency situations. A grandparent or sibling may petition for visitation and in some circumstances a non-relative. Unless there are extraordinary circumstances, a non-custodial parent has the right to reasonable visitation with the child. The standard to determine whether and to what extent visitation should be granted is “the best interest of the child”. A child visitation case may be commenced in Family Court, where there is no divorce action pending or in Supreme Court, if there is a Contested Divorce pending. (more…)

Child Custody matters involve deciding who gets custody of a child under the age of 18 years, where the parties live apart either married or never married. Legal custody is not presumed to be with either parent, even if the child lives with either parent (that parent only has physical custody). Neither parent is the “preferred” parent for custody. The child must be a resident of New York for at least six months prior, except in emergency situations. A grandparent, stepparent, sibling, relative or gay/lesbian partner may petition for custody where there are “extraordinary circumstances”. Child custody petitions may be brought in Family Court if there is no divorce action pending or Supreme Court if there is a Contested Divorce pending. (more…)

New York Child Support Proceedings

In New York child support is usually paid by the non-custodial parent for the support, maintenance and education of the children. Voluntary gifts, clothes, transportation, vacation expenses or rent for the benefit the child may not be considered “child support”. The custodial parent is not usually required to account for the child support in New York State.

Child support stops when a child reaches the age of 21 or is earlier emancipated. The parents may agree to support their children beyond the age of 21, for example, until the children graduate from college.New York State Child Support Standards Act Guidelines: Child support in New York is calculated pursuant to the New York Child Support Standards Act (“CSSA”) (Domestic Relations Law §240(1–b) and Family Court Act § 413(1)(b)). (more…)