What are the grounds for divorce in New York?

What are the grounds for divorce in New York?


Before ending your marriage in New York, you must meet specific legal requirements for the divorce proceedings to commence. After establishing your residency requirements, you must cite the grounds or the reasoning for ending your marriage. The court requires adequate legal grounds for divorce to understand why the divorce is necessary. If a divorce is imminent, please don’t hesitate to contact a talented Nassau County Divorce Attorney who can help you determine the best divorce route for your marital situation. 

What are the different types of fault grounds you can cite for divorce in New York?

New York is a “no-fault” divorce state, meaning you do not need to prove grounds. Instead, you must cite them when you file your divorce complaint. In New York, you can cite one of the following grounds or reasonings for divorce:

  • Irretrievable breakdown or irreconcilable differences for at least six months
  • Adultery
  • Cruel and abusive treatment
  • Abandonment or desertion
  • Imprisonment for up to five years
  • Confinement in prison or mental hospital for three or more consecutive years

If you cite an irretrievable breakdown, you claim that neither you nor your spouse is to blame for the breakdown of the marriage, but there is no hope of reconciling your differences. Many couples file for a no-fault divorce because it is much easier and smoother. Nevertheless, couples can still choose to pursue fault-based divorces.

What’s the difference between a contested and uncontested divorce?

After establishing the grounds of divorce, you must verify whether you will pursue a contested or uncontested divorce. Regardless of the reasoning for ending the marriage, a divorce will not be granted until all major issues regarding the terms that will apply to the termination of the marriage are ironed out. This includes child support, spousal support, property division, child custody, visitation, and more.

If a couple can agree on all the terms that will apply to the termination of their marriage, they can pursue an uncontested divorce. When a couple resolves all the significant issues, they can avoid litigation. However, when a couple cannot reach a mutual agreement on one or more of the critical issues regarding the terms that will apply to the termination of their marriage, they must pursue a contested divorce.

As you can see, before the divorce process can commence, you must make many decisions. Don’t navigate this difficult time alone. Allow a dedicated attorney from The Pollack Law Firm, P.C. to guide you through this complex legal process and achieve the best possible outcome for your marital situation.

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