Reasons for Divorce in New York State
In New York State, there are several grounds on which a divorce can be granted, ranging from no-fault to fault-based grounds. Understanding these reasons is important for anyone considering a divorce in New York.
1. No-Fault Divorce
Since 2010, New York has allowed for no-fault divorce, which means that a couple can get divorced without proving that one party was at fault. The only requirement is that the marriage has been irretrievably broken for at least six months, and both parties agree to the divorce.
2. Fault-Based Divorce
Prior to the introduction of no-fault divorce, couples in New York could only get divorced on fault-based grounds. Some of the common fault-based grounds for divorce in New York include:
- Cruel and inhuman treatment: This includes physical or mental cruelty that endangers the safety or well-being of the other spouse.
- Abandonment: If one spouse abandons the other for a continuous period of one year or more.
- Imprisonment: If one spouse has been imprisoned for three or more consecutive years after the marriage began.
- Adultery: If one spouse commits adultery.
3. Separation Agreements
In addition to the above grounds, couples in New York can also get divorced based on a separation agreement. If the spouses have lived apart pursuant to a written agreement of separation for at least one year and the agreement is signed and acknowledged in the same manner as a deed, it can serve as a ground for divorce.
4. Other Considerations
In addition to the grounds for divorce, there are other important considerations to keep in mind when filing for divorce in New York. These include issues related to property division, spousal support, child custody, and child support.
Conclusion
Divorce can be a complex and emotional process, and understanding the grounds for divorce in New York is crucial. Whether pursuing a no-fault or fault-based divorce, it is important to consult with an experienced divorce attorney to navigate the legal process and protect your rights.
