Why would you get a legal separation instead of a divorce?
Why would you get a legal separation instead of a divorce?
People choose legal separation instead of divorce because of religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce, or simple aversion to divorcing despite the desire to live separate …
Can a spouse hide money in a divorce?
In a divorce, there is a legal requirement that each spouse must disclose all assets, income, and debt as part of the financial disclosure process. Still, it’s not uncommon for a spouse to hide assets or misrepresent the values of marital property. Spouses may also understate their income or claim inflated expenses.
How is maintenance calculated in a divorce?
The formula for Maintenance is calculated by taking 30% of the payor spouse’s gross annual income minus 20% of the payee’s gross annual income. The amount that is calculated as Maintenance cannot result in the payee spouse receiving more than 40% of the combined gross income of both spouses.
What is considered abandonment in a marriage in NY?
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.
Do you need a reason to get a divorce?
A person must state the reason they want a divorce at a divorce trial and be able to prove that this reason is well-founded. A no fault divorce can be granted on grounds such as irretrievable breakdown of the marriage, irreconcilable differences, incompatibility, or after a period of separation, depending on the state.
Can a wife file for abandonment?
Whether you call it marital abandonment or desertion, both are a result of one spouse leaving the marriage without communicating with the other and without the intent of coming back. Laws ยง 552.6) Some states do permit filing spouses to use a voluntary separation as a reason for a no-fault divorce.
Does adultery affect divorce in NY?
If you committed adultery yourself during the marriage, you cannot use adultery as your grounds for divorce. If you stayed with your spouse for five years or more after discovering the adultery, you cannot file for divorce using adultery as grounds.
