Divorce - In New York, parties can obtain a divorce after living apart, pursuant to a separation agreement or judgment of separation for one year in New York. Thereafter either one of the parties may file for divorce. The divorce will be granted on a "no fault" basis provided all the formalities have been observed. In other cases, New York requires one of the grounds for divorce to be present such as: cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more years, or adultery. Equitable distribution of marital property, maintenance (f/k/a alimony), support, custody, and visitation are all issues that can be agreed upon or litigated in the divorce action. This law office fights hard to obtain the best result under the circumstances for each of its clients. Support, custody, visitation - Spousal and child support, custody, and visitation proceedings can be started, enforced, or modified in a New York Supreme Court as a result of or after a divorce action. Spousal and child support, custody and visitation cases may also be started, enforced, or modified in Family Court. There is no precise formula for what is appropriate for spousal support or maintenance, rather a court determines what is fair and reasonable on a case by case basis. There are many factors which your lawyer can argue are appropriate to be considered for a court to award or deny maintenance. The amount of child support, on the other hand, is usually determined by a formula set forth by law and is usually fixed as an obligation of the "non-custodial" parent. The formula is usually followed by the court, but your lawyer may persuade the court that the calculation is unjust or inappropriate based on a variety of factors. An application for a downward or upward modification of a support order can be made based on changed circumstances. Jail time is a possiblity in cases of willful violations of support orders. The best interests of children is the most important consideration to a court in deciding custody and visitation matters.