Once you have determined that you are eligible for divorce in New York, you will need to establish grounds for divorce. As WomensLaw.org explains, grounds are legally acceptable reasons to file for a divorce, and these vary from state to state. In the state of New York, there are both fault and no-fault grounds for divorce.
If you are going through divorce in New York, or if you need help determining which grounds for divorce are relevant to your situation, contact a Brooklyn family lawyer from the Elliot Green Law Offices. Mr. Green will evaluate your case, answer your questions and protect your interests.
Call 718-260-8668 to schedule a free consultation. You can also visit USAttorneys.com to learn more about divorce laws in New York.
Here is a brief overview of valid grounds for divorce in New York:
No-Fault Grounds for Divorce in New York
According to NYCourts.gov, New York State law includes grounds for no-fault divorce. You can get a no-fault divorce if you or your spouse claims that the marriage has broken down irretrievably for a period of at least six months. You and your spouse do not have to be separated during this time, but one or both partners must allege that the marriage has had irreconcilable differences for at least six months.
In addition to no-fault grounds, there are several fault grounds for divorce in this state:
Fault Grounds for Divorce in New York
Abandonment: This is grounds for divorce if your spouse has abandoned you for a period of at least one year. For example, your spouse may have moved out of your home or locked you out of the family home. You may also file for divorce on abandonment grounds if your spouse has refused to engage in sexual relations for at least one year.
Cruel and Inhuman Treatment: Verbal, physical or emotional abuse that endangers mental and physical well-being may be grounds for divorce in New York. According to WomensLaw.org, the abuse must result in a situation in which it is “unsafe or improper” to live with the abuser.
Imprisonment: If your spouse has been in prison for three or more consecutive years, you can file for divorce. You can do so either while he or she is still in prison, or for up to five years after he or she has been released.
Adultery: If you can prove that your spouse committed adultery while you were married, you can use this as grounds for divorce. This usually requires evidence from a third party to prove the claims.
If you would like to speak with a Brooklyn divorce attorney about ending your marriage, contact the Elliot Green Law Offices. Mr. Green can handle the legal aspects of your divorce so you can focus on your personal well-being. He will give your case the individual attention that it deserves. Call 718-260-8668 today to schedule a free initial consultation.
