Nassau County Divorce Attorney: Specialists in Divorce Law 0

In: New York

by Daniel Smith

Nassau County is located in the State of New York. Divorce cases in Nassau County are therefore contested as per the divorce laws in the state by a Nassau County divorce attorney. The first requirement for the proper filing of a divorce case is that of residency. It is for the parties contesting the divorce to check whether their area of residence falls under the jurisdiction of the Supreme Court of the state. This is also a cause of concern for people who have just moved in to the state. The action of the annulment of a marriage can be initiated only when:

  • The couple gets married in the state and one of them has been a resident of the state for a minimum period of a year before the filing of a divorce.
  • Either or both the spouses have resided in New York as a married couple for a minimum one year period before the initiation of the divorce process.
  • The cause of the divorce took place in the state and therefore either or both of the spouses are residents of the state at the time the case was filed.

As stated in the Consolidated Laws of New York- Domestic Relations Laws stated in Sections 230 and 231 of article 13, divorce cases can be filed if both the parties have stayed in the state for a minimum of a couple of years prior to the registration of the case. Divorce cases in Nassau County can be filed on various grounds. These include:

  • Desertion for a continuous period of a year as per DRL §170.2
  • Adultery as per DRL §170.4
  • Harsh treatment meted out to any of the partners as per DRL §170.1
  • Change of a separation judgment as per DRL §170.5

However, one cannot file a case for divorce on grounds of bad conduct. A case can only be filed in cases where it reaches an intolerable level of torture. No case for divorce in New York can be filed on grounds such as lack of communication between the couple, irreconcilable differences, no fault in particular, incompatibility or even by mutual consent. If the couple has a child, then ancillary issues crop up. The issues that are a cause of concern include the custody of the child, child support and child visitation.

All these grounds are applicable in case of a contested divorce where the validity of the grounds on which the divorce petition has been filed is examined by the jury and a decision on the case and subsequent equitable distribution of property is taken by the judge.

Some couples in Nassau County, New York opt for an uncontested divorce. In such a divorce case, the entire matter is sorted by the couple themselves and then the marital agreement papers are submitted to the court for approval. Uncontested divorce is less expensive and does not involve the legal hassles that are usually associated with a divorce procedure. All you need to do is to seek help from a Nassau County Divorce Attorney.

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