Divorce Guide

Bronx Divorce Court

Divorce is a stressful process. Bronx is the northernmost of the five towns of New York City. Some factors which are related to Bronx divorce court process are discussed here.

Residency Requirements for Filing a Divorce

To file for divorce in Bronx Divorce court, either party needs to be a resident of the state for at least 90 days prior to filing. The divorce petition shall be filed in the county where either party lives.

Legal Grounds for Divorce

It is also possible for spouse/spouses to get a divorce simply by stating in the divorce papers that the marriage has become ‘insupportable’. This means you and your spouse have disagreements and there's no practical hope for reconciliation. If both spouses want a divorce, they can agree in writing that the marriage can be ended.

Other grounds for divorce are:

• Adultery
• Any physical or mental torture which caused danger to the safety or health of the applicant
• In the case of abandonment for one year or more
• Crime conviction and imprisonment of the defendant for one year
• If the husband and wife have lived separately for three years
• Confinement due to mental illness for three years.

Spousal Support

Spousal support which is often referred to as alimony or protection is a payment made by one spouse to the other after the divorce. This could be as a result of a court order or by agreement. In New York, either of the spouses may be awarded alimony, without regard to fault, based on certain factors.

Child Custody

Courts make a decision of child custody issues based on the best interest of the child. One parent could be granted sole custody or both parents could be granted joint custody, depending on the situation. The parent who does not have a residential custody has the right to ask for visitation with the child. In deciding child custody, the court looks at these factors:

• Mental and physical fitness of parents
• Wish of the natural parents and any agreements between them
• Wish of the parent for maintaining natural family relations
• First parental choice of the child, if child is of appropriate age and capacity to express his/her wishes
• Child’s age, health and sex
• Resident location of the parents and for visitation schedule
• Duration of separation of the parents
• Whether there was voluntary abandonment or giving up of child custody.

Child Support

According to Bronx Divorce court, every custodial parent has the right to be given child support from the non-custodial parent. After calculating the parental income, the Courts usually consider not only the money actually earned or received, but also what the parents have such as non-income producing assets, benefits received as well as things received from relatives and friends.

Bronx Divorce court also awards support for private school, college, child care expenses to enable the custodial parent to look for or maintain employment or attend school and health care needs.

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