Black &Daiter, LLP

Divorce Grounds

New York State requires marital fault as a basis to grant a divorce. New York State does not allow a divorce based upon irreconcilable differences. However, the parties may live separate under a separation agreement for a year and subsequently obtain a no-fault divorce. If a no-fault divorce is not obtained, one spouse has to agree to be at fault in the divorce papers, or one spouse has to prove that the other is at fault. In New York, fault grounds for divorce include Separation Agreement in writing, adultery, abandonment, cruel and inhuman treatment or imprisonment of one spouse. Black & Daiter, LLP can assist you with determining grounds for divorce and explain how the grounds will affect the terms of your divorce settlement.

Division of Assets and Property

Because New York is not a "community property" state, in a contested divorce, assets and debts are divided "equitably". An equitable division of assets and debts means a fair division under the particular circumstances of the marriage, based on certain factors such as the length of the marriage, amount of property to divide, types of assets and debts and how they were acquired, and the financial needs, prospects, ages and health of both parties and their children.

Child Custody

In New York, as in most other states, both parents have the responsibility of supporting their children.The courts will mainly consider what is in the best interests of the children. Many factors are taken into account when the court determines custody such as who has been the primary caregiver of the children, work schedules of the parents, health of the parents and children, and parenting skills. For more information on custody please click here.

As most people experience, the terms of a divorce are often complicated and emotional. Division of property and agreements about custody and visitation present many opportunities for disagreement. For a more thorough understanding of New York State’s divorce laws, contact Black & Daiter, LLP today.