Grounds for Divorce in New York

woman thinking about grounds for divorce in NY

Any time you are thinking about getting married, you will have to go to court. Because this is a legal process, you will need to provide the grounds for your divorce. This way, you can convince the court, your marriage cannot work and that you need to have a legal separation. There are three main grounds for divorce in the State of New York you can use when going to court.

No-Fault Divorce

The easiest form of divorce in the state of NY is the no-fault divorce. This is a fairly recent method of divorce in New York, only signed into law in 2010. In this form of divorce, the only thing you or your spouse has to do is swear under oath the marriage has broken down irretrievably for a period of at least six months. After this, the couple must show that all matters of the house have been resolved, including:

Once this has been proven, the court will grant the divorce without any further proceedings. It is the fastest and the simplest form of marriage.

Fault Divorce

If one party of the marriage feels they have been wronged by the other party in a way which breaks the covenant of their marriage, they can file for a fault divorce in the state of New York. The grounds for this form of divorce include:

  • Adultery
  • Incarceration for three or more years after being married
  • Abandonment for one or more years
  • Treatment which is cruel or inhuman (physical or mental abuse)

This form of divorce does not have to include the consent of both parties. However, in order to be granted a divorce under these grounds, it is necessary to prove the fault in the marriage.

Separation and Divorce

If the couple has undergone a court-ordered separation and the spouse who was seeking the divorce in the first place is able to prove completion of all the terms and conditions of the judgment, the divorce will be granted. Additionally, if the couple has been separated for over a year with a formal written agreement and the party seeking the divorce is able to prove all of the terms and conditions have been satisfied.Every divorce case is different. The best way to know how to proceed with your divorce is to speak with a professional divorce attorney in the State of NY.

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