Divorce Decree
Divorce Decree for New York
A Divorce decree is a document, which is prepared by the New York divorce court, while setting the terms and clauses of a divorce. The judge signs the decree and officials later send it to the county clerk, the county where couples had filed for divorce. The courthouse where individuals had filed for no fault divorce retains the final copy of decree in its vital records.
Usually the county clerk or lawyer mails a copy of decree to their clients after no fault divorce. If people do not receive the decree, they need to write or visit the clerk's office and obtain the copy.
Contents of Divorce Decree:
The divorce decree of individuals who obtain no fault divorce in New York State includes the following issues:
1. Alimony:
It is the first consideration that a judge considers while settling a divorce. Alimony is the spouse's obligation to pay money to the partner. Courts verify incomes of both the partners individually, make mandatory deductions from it, and determine the net income. The spouse needs to pay this net income to the partner each month after their divorce.
2. Property division after no fault divorce:
Courts do not consider non-marital assets of individuals. Thus, individuals who had bought assets before their marriage can retain the same with themselves. Therefore, the first thing that New York court determines is whether the individuals have a right over the property or not.
Whatever property that individuals bought during their course of marriage is considered while settling the property distribution. The New York court distributes these assets equally among the spouses after they undergo no fault divorce.
3. Custody:
When a spouse has legal custody of children, he or she can make all the decisions related to the children's future such as giving education and providing health care. In a no fault divorce, the court may allow sole custody, physical custody or joint custody.
4. Visitation
Courts offer visitation rights to the parent who does not have custody of the child. However, spouse may meet the child for certain duration only.
5. Child support:
Child support is another important aspect of no fault divorce. In child support, the other partner who has the custody of child needs to pay certain amount as child support. It depends on the child’s requirements, ability of that spouse to take care of the child and standard of living which the child may have enjoyed if the parents were not divorced.