Separate property refers to any property the spouses acquired separately before the marriage or after separation (or in some states after divorce). Separate property also includes any gifts or inheritances acquired by either spouse at any time.
New York’s equitable distribution laws treat inherited property as they do assets owned before marriage. Inheritances designated for one spouse, rather than the couple jointly, are separate property and immune to asset division in the court.
Under New York’s divorce laws, courts only divide marital property, and spouses gets to keep their separate property. Marital property includes all property acquired by either or both spouses during the marriage, regardless of who bought it.
Abandonment : Your spouse “abandons” you for at least a year. This means that your spouse has left you, or kicked you out, and does not intend to return. Imprisonment: If your spouse goes to jail for three or more years. However, if your spouse was released more than 5 years ago, you cannot divorce for this reason.
If you live in a community property state, anything acquired during the marriage — including the income used to fund those separate accounts — is considered “ community property ” and therefore belongs to both spouses.
You can legally withdraw up to half of the money in a joint bank account before the divorce is filed. It is extremely important that this is done before the divorce is filed; otherwise you are violating the law. Once divorced , all of your joint bank accounts must be liquidated and split between the two parties.
Generally, inheritances are not subject to equitable distribution because, by law, inheritances are not considered marital property. Instead, inheritances are treated as separate property belonging to the person who received the inheritance , and therefore may not be divided between the parties in a divorce .
Under New York’s equitable distribution laws, only your “marital property” will be divided during a divorce . This means that you and your spouse will get to keep any separate property that was brought into the marriage.
Only marital property is subject to division in a divorce ; therefore, each spouse gets to keep his or her separate property , which includes: Property acquired before the marriage. Inheritances and gifts received by one spouse alone. Personal injury awards for one spouse.
In New York , the courts divide all marital assets—that is, all property acquired during the marriage, with some exceptions. Pensions, 401(k) accounts and other retirement benefits earned during the marriage are marital property and can be divided between the spouses at divorce .
However, a married daughter has a right of residence if she is deserted, divorced or widowed. A woman has full rights over any property that she has earned or that has been gifted or willed to her, provided she has attained majority. She is free to dispose of these by sale, gift or will as she deems fit.
An index number costs $210 . The index number is the number for your case and should be put on all papers filed. An uncontested divorce costs at least $335 in total court and filing fees. This does not include the cost of a lawyer, photocopies, notary fees, transportation, mailing, process server fees, etc.
Some uncontested divorces are resolved as quickly as six weeks , while others can take six months or more. Since New York doesn’t have a waiting period, a divorce that both parties agree on takes roughly 3 months. If there are issues that the parties do not agree on, this can lengthen the divorce process.
If you’re seeking a divorce based on adultery , you must be prepared for a higher-conflict divorce case. The law requires that you provide evidence of the adultery from a third-party, such as a private investigator. As a result, no-fault divorce is an good alternative, even when there has been adultery .
Although living apart from your spouse for one or more years pursuant to either a Judgment of Separation or a valid Separation Agreement are two grounds for divorce in New York State, there are other grounds for divorce that do not require either.