Whatever reasons for a divorce, the property needs to be split

Posted By The Law Office of Kelley M. Enderley, PC || 22-Apr-2014

According to New York State Department of Health statistics, divorce rates have increased in our state during recent years. While it's not entirely clear why the numbers have increased, it does appear that many individuals put off divorce during the recession years only to wait until divorce seemed more affordable. It must be kept in mind that many of these couples would have divorced eventually in any case.

Certain commentators have suggested that the presence of no-fault divorces becoming available in New York in 2010 may have contributed to the increase. However, we are still seeing a surprisingly large percentage of divorces in courts being brought upon the grounds of cruel and inhuman treatment.

Individuals seeking divorce based upon grounds of cruelty may be under the impression that they will fare better when it comes to child custody or property division issues. Nevertheless, at least when it comes to asset division individuals still will need to demonstrate in court how this property can be divided equitably. Also, divorces based upon cruelty grounds have often proved to be more time-consuming and costly.

It's always a good suggestion to speak to a family law attorney before making up one's mind on the approach that should be taken when it comes to divorce. We are dealing with property that may have accumulated over a number of years. Accounts may need to be divided in a way that will reduce tax liabilities. One spouse may also be hiding assets from the other.

Saying that division of assets is to be done fair or equitable manner is more difficult than it sounds.

Source: Buffalo Business First, "Opinion: The 'new normal' for divorce," Barbara King, March 26, 2014