What factors will a court consider when granting a divorce?

When a court is considering granting a divorce in New York, there are several factors that will be taken into account. The main factor is proving that the marriage has broken down and cannot be salvaged. This could be proven through evidence showing that the couple is living separately, that there has been a loss of affection or respect, or that one party has committed adultery. The court will also consider equitable distribution. This means that the court will divide any marital property between the two parties in a fair and reasonable manner. The court will evaluate any assets or debts acquired during the marriage to decide what is the most equitable way to divide them. The court may also consider alimony or spousal support. This is when one party pays financial support to the other in order to maintain their living standards. Alimony can be either temporary or permanent depending on the particular circumstances. Finally, the court may consider the best interests of any children of the marriage when deciding on the divorce. This can include decisions on custody, visitation, and support payments for the children. The court will look at the particular situation and try to decide what is best for the children.

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