New York Family Law: Key Considerations

Family law is an extensive legal field dealing with obvious matters like marriage and divorce to more complex issues, such as adoption, stalking, and restraining orders. Read on to learn more about New York family law, and if you’re unsure whether your concern falls under family law jurisdiction, contact a Forest Hills, NY family law attorney for more information.

New York Family Law: Key Considerations

Marriage

In New York, obtaining a marriage license is the first step towards legal matrimony. The state has clear stipulations for eligibility:

• Age Requirements: Individuals younger than 18 but older than 14 need parental consent; those 18 and older do not
• Proof of Identity: Both parties must present valid identification to the County Clerk
• Restrictions on Relationships: Direct relatives, including parents, children, siblings, and certain other relatives, cannot marry each other
• Previous Marriages: Information on prior marriages and divorces must be disclosed

Divorce Requirements

To get a divorce under NY family law, one or both partners must have resided in the state for at least a year before filing. Grounds for divorce include abandonment, imprisonment, cruelty, adultery, separation agreement, and irretrievable breakdown of the marriage for six months or more.

Marital property, which is anything acquired during the marriage, is subject to division. However, separate property, which is anything owned before the marriage or received by just one of the couple as gifts or inheritance, is generally not divided. The court determines the division of marital property if the couple cannot reach an agreement.

Stalking and Protective Orders

Stalking is a serious crime in New York and falls under the purview of family law. It’s defined as intentionally doing something – with no legitimate reason – which the stalker knows or can reasonably be expected to know will cause physical or emotional fear of harm or actual harm.

Victims can seek restraining orders, also known as protective orders, against their stalkers. These orders can mandate that the abuser cease contact, maintain a distance from the victim, and sometimes undergo counseling or reimburse the victim for their legal fees.

Adoption Laws

Adoption laws in New York allow any adult to adopt, with few restrictions on the gender, age, or marital status of the adopting parent or child. Children aged 14 or older must consent to their adoption, and adults can adopt one another. If a person is married and wishes to adopt a child, both they and their spouse must adopt. The state requires a three-month residency before finalizing an adoption, but you can begin the process before this three-month window.

Talk with a Forest Hills, NY Family Law Attorney

The above is just a brief overview of some of the considerations in New York’s comprehensive family law system. From marriage to adoption, each aspect of family law has its own set of rules and regulations, and it’s always best to work with an experienced lawyer who thoroughly understands how New York laws and regulations, as well as the local courts, work.

Whether you’re considering an adoption, need protective orders, are concerned about child abuse, or want to initiate a divorce, a good lawyer can make any aspect of family law easier to negotiate. Contact The Law Offices of Joseph H. Nivin, P.C. in Forest Hills, NY now for effective and efficient help.

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