Grounds for Divorce in New York

Grounds for Divorce in New York

Divorce proceedings can often be a very complicated and exhausting process for couples. In the state of New York, spouses must meet certain requirements before they may begin the proceedings. One of the first steps is for them to cite grounds for their divorce. While many believe divorces only occur as a result of one spouse’s “fault” for the end of the marriage, this is not always the case. In the state of New York, spouses can cite either fault or no-fault grounds for their divorce.

Fault Grounds

While divorce proceedings begin, spouses can cite fault grounds as the reason for their marriage ending. When a spouse cites fault grounds in a divorce case, it means one spouse is the reason for the end of their marriage. In the state of New York, there are different, legally acceptable grounds for a divorce. This can include:

  • Cruel and inhuman treatment
  • Abandonment
  • Imprisonment for 3 years or more in a row
  • Adultery

Many spouses are sometimes unsure about citing fault grounds in a divorce. This is because of the possibility of litigation in addition to creating more problems between them and their spouse. When one spouse cites fault grounds, the other spouse is able to answer the accusation. This could possibly lead to further legal issues. Many spouses believe that when they cite fault grounds, it can affect the outcome of the divorce. However, fault grounds usually do not have an impact on the outcome of a spouse’s marital issues in a divorce.

No-Fault Grounds

When no-fault grounds is cited in a divorce, it means neither spouse wishes to hold the other responsible for the end of their marriage. This typically happens in the event of an irretrievable breakdown in a relationship for a period of at least 6 months. Because of this, no-fault grounds in a divorce can also be known as an “Irretrievable Breakdown of Marriage.”  In the event of this, the divorce proceedings may begin and spouses can begin to settle marital issues. This requires spouses to agree on all marital assets before they can file for divorce. These issues may include child custody, child support, parenting time, alimony, and the division of assets. In this case, the couple has the opportunity to decide the method they wish to use to divorce. Different methods consist of mediation, arbitration, collaborative divorce, or private discussions.

Contact our Firm

If you or someone you know is going through a divorce and wishes to speak with an experienced attorney, contact The Pollack Law Firm, P.C. today.

The Pollack Law Firm, P.C. understands that divorce and family law matters can be very complicated and emotional. They require strong legal representation from a compassionate attorney. Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.

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