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DIVORCE / FAMILY LAW
Q. Can I get a divorce based on irreconcilable differences? How about mental cruelty? A. No and not exactly. Irreconcilable differences is grounds for divorce in no-fault divorce states. You must, in New York, demonstrate that you have grounds based upon fault. The only exception is that you can get a divorce after you've been legally separated for a year without a showing of any fault. The closest thing to 'mental cruelty' as grounds for divorce is 'cruel and inhuman treatment'. This is probably the most common grounds for divorce when there is no separation agreement. Abandonment is another popular grounds. There are others that are not as often used. Q. How is property divided when a married couple gets divorced? A. Roughly, with exceptions and nuances, you get what you owned before you were married, and you split what you got while you were married. If you inherit something while you're married, though, you don't have to split it as long as you keep your inheritance intact and identifiable. Q. Is a pension included in the split? A. Yes. It's divided roughly along the same lines as the other property - that is, if part of the pension was in place before the parties were married, the spouse whose name is on the pension will get more than half of it. If the pension account didn't exist before the marriage, it's split up to the date the divorce starts. Q. Is it true that mothers get custody of children most of the time? A. Yes. The reason, though, is that fathers are less likely to want custody. The law does not favor one parent over the other in a contested custody proceeding on the basis of gender. Many people don't believe that, but it's true. Q. How much child support does a noncustodial parent have to pay? A. Usually, but with exceptions, it's a percentage of his (or, less often, her) gross income after deducting FICA and other court ordered support payments off the top. The percentages are 17% for one child, 25% for two and it goes up somewhat from there. Q. I have a new family. Do I still have to pay the same percentage of my income toward child support for the old family than I did before I remarried and had more kids? A. Absent unusual circumstances, yes. Q. I have a great deal more earning potential than my fiancee and I want to make sure that if things don't work out she doesn't get large sums of money from me. How can I protect myself? A. Consider a prenuptial agreement. Q. Does a mother need permission from a father for her new husband to adopt the child she had with her old boyfriend? A. She does, unless, in essence, the father hasn't had anything to do with the child for years. |
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