Until recently, couples who wanted to divorce in New York had to demonstrate that they had separated officially. They also could have shown some degree of fault, which ultimately caused the marriage to end.
These laws have subsequently changed, and couples seeking divorce in New York can now follow a no-fault approach. This does not mean that the previous fault grounds have fallen away, though, and if you are considering divorce, you can still seek a fault-based divorce.
At Elliot Green Law Offices, we can help you with the divorce process, and we can advise you on the best approach to take based on your particular situation. We will start by evaluating your relationship and establish which grounds for divorce are most appropriate, and we will work with you to ensure that your divorce is as stress-free as possible.
To speak to a Queens divorce attorney today, call us at 718-260-8668 and schedule a free 30-minute consultation. We are available to meet 24 hours per day.
Here are seven common fault grounds for divorce in New York:
- Irretrievable Breakdown
According to LawNY.org, if you claim irretrievable breakdown, you must show the court that the marriage has broken down irretrievably for more than six months. The courts started acknowledging this reason in 2010, but they cannot award divorce on these grounds until you and your spouse have settled all divorce issues, including property, custody and child support.
- Cruel and Inhuman Treatment
If you believe your mental or physical health is in danger by remaining in the marriage, you can file for divorce based on cruel and inhuman treatment.
- Imprisonment
If your spouse is in prison for more than three years, you can use it as a reason for divorce. This option is not valid if your spouse has been out of jail for more than five years.
- Adultery
If your spouse commits adultery, you may be able to use it as a reason to file for divorce. According to LawNY.org, the court may not accept these grounds if you encouraged your spouse to commit the act, showed forgiveness over the act or committed adultery yourself. You will also need a witness to testify to the adultery because you cannot do so yourself.
- Abandonment
If your spouse abandons or leaves you for an extended period of time, typically longer than one year, you can use it as a reason to seek divorce.
- Separation Agreement
Some spouses write a separation agreement, and if you do not live together for more than one year because of one, a court may grant you a divorce on these grounds.
- Judgment of Separation
A court will sometimes grant a judgment of separation, and if it lasts for more than one year, you can use it as grounds for divorce. This is not a common judgment, though, because the process is often time-consuming and unnecessary for those considering divorce.
Divorce is a complicated process. At the Elliot Green Law Offices, we can help you understand the approach that best suits your needs and purposes. Call a Staten Island family lawyer today at 718-260-8668 to schedule an appointment.
