Divorce Laws and processes

Muslim Divorce Attorney Farrukh Nuridinov in New York

In New York State, divorce is either based on fault or no-fault basis. The state adopted the no- faults grounds as from 2010. Previously parties going to a divorce had to agree on a given fault for them to go on with their divorce process. Under no-fault Divorce, a spouse does not have to present any fault in filing for the same. Usually, irreconcilable differences are cited as the common ground for this type of divorce. There is no point of a spouse placing an objection to no-fault as such an action is seen as an irreconcilable difference. Sections 170, 171, 200, 202, 230 and 231 of domestic relations law outlines the grounds for a fault divorce, which are the causes for judicial separation. These faults include; abandonment, adultery, neglect, cruel and inhumane treatment. It can also result from a case where a spouse is imprisoned for a period extending beyond three years. To settle your parential matter legally after divorce as well as get some calculation support after your child custody, with a fair visitation rights, you should get in touch with our Muslim Divorce Attorney Farrukh Nuridinov in New York, who can build an appropriate criminal defense to spare you from any criminal prosecution.

 

 

Divorce process

Divorce in New York is either contested or uncontested, and this determines how long the divorce process can take. Contested Divorce under court intervention take long and is more costly as compared to an uncontested divorce. It begins with a spouse filing for a divorce in a court. The concerned spouse then has to serve the other spouse within 120 days from the time the divorce is filed. The spouse who has been served with divorce has to respond within 30 days. For standard divorce cases, resolution takes place within 12 months. Where complexity is expected, more time is usually allotted. Within the set period, parties to the case have to appear for the planned court conferences where issues at hand are looked into. Issues discussed include children, welfare and properties. There is a tendency of settlements being arrived at during those court conferences and if not, a trial date is set.

Under uncontested divorce, the party served with the divorce do not challenge any aspect therein. The issues at hand are usually decided between the parties. The agreement papers can then be submitted to the court for approval. It may also result where the defendant fails to respond after being served; the plaintiff can go ahead and apply for a default judgment. In the above case, the burden of proof lies with the plaintiff. The defendant can also choose to willingly waive their right to respond to the complaint in which case a default judgement may follow.

Child custody laws

Islam gives great attention to the family, detailing all its relations, interactions, and circumstances. So the Islamic law made solutions for every expected problem and provide solutions and provisions that alleviate the impact of these problems.  

Additionally, Sharia's concern for children met with with their biological, psychological, educational and emotional needs, so the custody legislation for children was based on many variables and specific circumstances in which the calibre of the primary interest of the child, his life, and his safety would be judged.

Allah almighty emphasis child custody rights in The holy Quran as he said :" Her Lord graciously accepted her. He made her grow with a fine upbringing and entrusted her to the care of Zachariah." {Aali 'Imran:37} also said :" Believers, guard yourselves and your families against the Fire the fuel of which is people and stones" Believers, guard yourselves and your families against the Fire the fuel of which is people and stones" {Attahreem:6}

Custody issues are debatable among Islamic schools, so they refer it to the Local jurisdiction and consider them according to apparent evidences and also according to validity.

Child custody jurisdiction and enforcement Act operates in many states, including New York. On top of this Act, New York State has allowed visitation rights to grandparents as well as joint custody. This means that a grandparent can petition to be given visitation rights if denied. Child custody laws are outlined in domestic relations law section 240. Child custody exists in two forms; legal custody and physical custody. Under legal custody, the parent concerned has the capacity to make key decisions related to the child’s life and welfare. He or she determines the religion that the child follows, the education given to the child and health care. In the cases where the custody is shared between the parents, both have to discuss on the way forward. Physical custody relates to where the child lives. An agreement can be reached where the child can live with one parent on weekdays while the other parent has a chance to interact with the child over the weekend.

In New York State, determining how child custody is to be organized is done with the child in mind. The best interest of the concerned child is considered. Courts investigate and look into a number of factors before ruling on child custody. The capability of each parent to take care of the child is one such factor. Second, there is mental and physical health. Work schedules of both parents are considered. Child desires are also taken into account, considering their age. Domestic violence history if any, is also a factor.

 

New York Support Calculations

Under New York Family law, both parents are required to provide for their children below 21 years old financially. This requirement is only waivered where the child under the above age bracket is married, has joined the military or has means of supporting himself/herself. Child support is organized to manage expenses on food, clothing, among other basic needs for the child. This support is designed to assist the custodial parent who lives the child after a divorce. New York courts call for child support immediately a divorce petition is filed. In cases where the parents agree, they can present their joint opinion on how to go about it. However, there are requirements that such an agreement have to follow.

Child support calculation is done based on the total income of both parents. The percentage allocated for the whole income depends on the number of children. The reasoning behind this sharing is that children should benefit from the same proportion of parents’ income that would be offered to them in the absence of a divorce. When the calculations are done, the amount allocated to the child becomes effective immediately. However, a parent can challenge the calculation and call for its modification. This can be on the basis of job loss, relocation or any other significant change.

The New York Court Act presents how child support should be carried out. This is found in sections 413 and 413a. This Act outlines the percentage calculation and allocation of total parental income in line with the number of children. The Act also outlines all sources of parental income that should be considered during the calculation. Benefits and allowances that reduce the living expenses of the parents are also considered. The court also takes into account deductions that reduce income for each parent. Such include medical care contribution and yearly taxes, among others.

 

Visitation Rights

Visitation comes in handy with the child custody agreement. Visitation rights present an opportunity for a non-custodial parent to have quality time with a child. In New York, concerned parents have a chance to agree on how to manage visitation schedule. Visitation rights are found in the New York Family Court Act. Sections 1081, 1082, 1083 and 1085 of the above Act presents details on visitation rights. A parent desiring child visitation can also file a petition targeting the child with child custody. Usually, visitation rights are discussed alongside custody matters in the same court proceedings. However, there is a possibility that issues to do with visitation can be filed and presented on its own. Close relatives, for instance, siblings and grandparents, can also request visitation. The court tends to focus on what best suits the child and grants visitation rights accordingly.

Usually ruling for custody is subject to visitation order to consider the parent who lacks custody. This is exempt in cases where visitation rights are denied under a cited reason. The court has the mandate to impose a given visitation schedule which has to parties involved have to adhere. A custodial parent cannot withhold such schedule as doing so would be in contempt of the court. A consistent violation of the visitation schedule or withholding the same can result in the court altering the custody.

The Family Court Act presents three types of visitation. First, we have the unsupervised visits, where a parent or any other individual with visitation rights can visit without being supervised. Supervised visits happen where the court has reason to believe that the visiting individual has the potential to harm the child. This may be due to issues of substance abuse or a history of domestic violence. Personnel from the department of local social services are assigned to be present during a supervised visit. Lastly, there are supervised therapeutic visits. Here, mental health professionals have to be present on the grounds that the visiting parent lacks proper parenting knowhow.

 

Ancillary issues in Divorce

Children are an item of discussion in a divorce. First, child custody has to be decided upon in terms of where the child will reside and who will retain the responsibility of making decisions concerning the child. There is a possibility of joint custody either as a result of an agreement between the parties or as ordered by the court. Prior to child custody allocation, investigations are carried out to determine which step best serves the interests of the children. Next there us the issue of child visitation, this applies to the parent who has been denied custody. Such a parent has visitation rights although in some cases visitation may be denied. Visitation denial would occur where the concerned parent has a huge problem in substance abuse, among other things. Child support is another critical issue where the court determines the extent of support the non-custodial parent has to offer.

Other ancillary issues in a divorce process include; property and assets, spousal support, legal fees and name change.

 

 

Offer Services

Unlawful Restraining
Unlawful Restraining
Kidnapping crime in New York
Kidnapping crime in New York
Harassment and Cyberbullying as Crimes in New York
Harassment and Cyberbullying as ...
Defending Against an Accusation of Stalking
Defending Against an Accusation of ...
Felony Menacing Charges in New York
Felony Menacing Charges in New York
False Imprisonment in New York
False Imprisonment in New York
Extortion in New York
Extortion in New York
Family Law in New York, USA
Family Law in New York, USA
Marriage laws and Agreements
Marriage laws and Agreements
Adoption laws and agreements
Adoption laws and agreements
Divorce Laws and processes
Divorce Laws and processes
Slander and defamation in New York, USA
Slander and defamation in New York, ...