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
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