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Despite being generally considered a liberal state, New York has a history of being conservative on issues regarding marriage; it was the last state in the country to allow no-fault divorce and still maintains a (seldom enforced) law against adultery (Penal Law § 255.17). Until 1966, adultery was the only ground of divorce; cruelty, a ground ...
A separation can be initiated informally, or there can be a legal separation with a formal separation agreement filed with the court. As for a divorce, the latter may include provisions for alimony, whether to have sole custody or shared parenting of any children, and the amount of child support. [1] [2]
In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage. Age of the parties at the time of the divorce Generally, more youthful spouses are considered to be more able to 'get on' with their lives, and therefore thought to require shorter periods of support.
Reconciliation in family law is the process by which parties who are legally separated resume their marital relationship and cohabitation.. Reconciliation is allowed because separation is revocable; state laws may require "the joint application of the parties, accompanied with satisfactory evidence of their reconciliation ... by the court which rendered it, subject to such regulations and ...
No-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. [1] [2] Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract.
Legal separation (sometimes judicial separation, separate maintenance, divorce a mensa et thoro, or divorce from bed-and-board) is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order.
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