New York is a no-Fault state, yet in some circumstances fault does become a factor in the outcome of the case. Under the Domestic Relations Law for the State of New York, the disintegration of a marriage is when neither mate is obliged to demonstrate a fault/ behavior/ grounds from the other. The no-fault grounds merely express that the marriage is irretrievably broken, and beyond reconciliation for a period of six months or more. Fundamentally, there is no defense under this no-fault subsection or defenses to a no-fault divorce. However, this does not prevent either spouse from claiming and/or receiving their rightful equitable distribution claim, and in some cases, the facts and circumstances surrounding the no-fault allegations are utilized in a distribution. Remember, equitable distribution does not mean equal, it means a fair division.

New York State is as noted an equitable distribution state. The division of the marital property will be separated in an evenhanded manner. Again, equitable division does not mean equal division. Rather it means what is reasonable under the statutory guidelines and the specific facts and circumstances surrounding each matter, taking in consideration separate and marital property. There are numerous components that go into how property will be partitioned between spouses. Elements surrounding the marriage will figure out if the property is viewed as "marital property" or "separate property", which will accommodate how the division of the property will be made between the spouses.

New York courts will do everything conceivable to help diminish the trauma that the children of separation or family matters will experience. The court's essential concern is the best interests of the child. Depending upon the age of the youngsters, a child rearing arrangement may be general or specific by including the days, times, holidays, vacations, and any other factors the parents feel are imperative to raising the children. The general child rearing arrangement may incorporate the general diagram of all parental obligations, or may incorporate specific aspects of the parents involvements, including schooling, extracurricular activities, religion, and other factors. The agreement will also address phone access, transportation, and routines for determining the agreement between the parents.

New York applies the Child Support Standards Act which takes into account the gross income of both parents. The respective incomes received from wages, or other income bearing resources. These income amounts are then computed less FICA charges. The net gross income is then respectively divided on a prorated basis between the parents, and the amounts are then applied against the number of children within the family. One Child-17%; Two Children-25%; Three Children-29%; Four Children-31%; Five+ Children-no less than 35%.The child support award is intended for the child's advantage and not the parents' advantage. You must pay child support regardless of the fact that you are not receiving visitation. You must almost under any circumstances allow visitation with the noncustodial parent, regardless of the fact that you are not receiving child support on a regular basis. Any breach of an order may result in an undesirable consequence, which may include fines or modifications of existing orders.

Indeed the most mindful understand that circumstances change as time marches on, and as a result many of the terms, conditions, and obligations found within a separation settlement, decree of divorce, or an order of the court may need to be changed if the circumstances of the parties and children change fundamentally. Modifications may occur when one parent loses their employment and are not able to pay the court child and/or spousal support; the child's needs dramatically change; and/or the custodial arrangement/ agreement simply does not work any more. It is at that point when after consulting with an attorney you may experience a change of circumstances where based on the facts presented, that a modification to the order may be warranted. There are many factors the court will consider and it is critical to have an accomplished divorce/ separation/ family law attorney aid you in assessing and deciding your alternatives.