Marriage is a sacred union between two individuals. However, sometimes things don’t work out, and couples decide to part ways. Divorce can be a tough decision for anyone to make, and it’s essential to understand the grounds for divorce in your state. In this blog post, we’ll discuss the grounds for divorce in New York.
New York is a state that offers both fault and no-fault divorce. Let’s delve into each of them.
No-Fault Divorce:
No-fault divorce means that neither party is held responsible for the dissolution of the marriage. The only reason required is an “irretrievable breakdown” of the marriage. In other words, the couple must prove that they have been living apart for at least one year and that the relationship has been irretrievably broken for that time. The parties can file a joint petition or an individual petition, and the process is generally less expensive than a fault-based divorce.
Fault Divorce:
Fault divorce means that one party is held responsible for the breakdown of the marriage. New York recognizes the following fault grounds for divorce
Cruel and Inhuman Treatment:
Cruel and inhuman treatment refers to conduct that endangers the physical or mental well-being of the other spouse. Examples include physical abuse, emotional abuse, or neglect.
- Abandonment:
Abandonment refers to when one spouse leaves the other without a legitimate reason and without the intention of returning.
- Adultery:
Adultery refers to when one spouse engages in sexual relations with another person outside of the marriage.
- Imprisonment:
Imprisonment refers to when one spouse is sentenced to prison for a period of three or more consecutive years after the marriage.
- Separation Decree:
Separation decree refers to when the couple has lived apart pursuant to a decree or judgment of separation for a period of at least one year.
It’s important to note that if one spouse successfully proves fault grounds for divorce, they may be entitled to a greater share of marital property or alimony payments. It’s also important to hire an experienced divorce lawyer to navigate the legal complexities of the divorce process.
It’s important to note that New York also requires residency requirements before filing for divorce. Either spouse must have been a resident of New York for at least two years before filing for divorce, or the couple must have lived in New York as husband and wife, and at least one of them must have been a resident for at least one year before filing for divorce.
It’s also worth noting that New York has equitable distribution laws, which means that marital property is divided equitably, but not necessarily equally. Marital property is defined as any property acquired during the marriage, including real estate, personal property, pensions, and retirement accounts. Property that was owned before the marriage or acquired by gift or inheritance during the marriage is considered separate property and not subject to distribution.
New York also allows for the payment of spousal support, also known as maintenance. The court will consider various factors when determining the amount and duration of maintenance payments, including the length of the marriage, the income and earning capacity of each spouse, and the standard of living during the marriage.
Understanding the grounds for divorce in New York is important for anyone considering a divorce. New York provides both fault and no-fault options, and it’s essential to seek legal advice from an experienced attorney to determine the best course of action for your specific situation. Remember, divorce can be a challenging process, but with the right legal support, you can navigate the complexities of the legal system and move forward with your life.
As a law firm that specializes in family law, including divorce cases, in New York, at Jean M. Mahserjian, Esq., P.C, we can assist you with understanding the grounds for divorce in New York cases. Our experienced attorneys can provide you with legal advice on the best course of action for your specific situation, whether it’s pursuing a fault or no-fault divorce.
We can help you gather evidence to support your case if you’re pursuing a fault-based divorce, such as evidence of adultery, cruelty, or abandonment. Additionally, we can assist you with navigating the complexities of property division and spousal support in New York.
Our attorneys can help you understand your rights and responsibilities regarding the division of marital assets and debts, including real estate, personal property, and retirement accounts. We can also help you negotiate a fair spousal support agreement or represent you in court if necessary.
Furthermore, we can help you with other family law matters related to divorce, such as child custody, child support, and visitation. Our attorneys can provide you with legal advice on the best strategies for protecting your children’s best interests and ensuring that their needs are met.
We can help you with understanding the grounds for divorce in New York cases and provide you with legal support throughout the divorce process. Contact us today to schedule a consultation and learn more about how we can assist you.
