What to Know About Irreconcilable Differences in a Marriage
When filing for divorce, you will have to cite grounds. Grounds refers to the legal reason for your divorce. The grounds you choose to cite can impact the process of your divorce. In many cases, couples choose to cite irreconcilable differences. Read on to learn more about irreconcilable differences in New York divorces.
Grounds for Divorce in New York
In New York, you can file for divorce on the following fault grounds:
- Incarceration in jail or mental facility for 3 consecutive years
But, New York is a “no-fault” state, meaning you can also cite irreconcilable differences for at least 6 months.
Citing irreconcilable differences means that the end of the marriage was not the fault of one party or a specific reason. Instead, it means that the marriage no longer works and is beyond repair. This is the route many couples choose because, for the most part, a no-fault cannot be contested. Additionally, little to no proof is required. If you cite a fault ground, you may have to provide proof. For example, if you file on the grounds of adultery, you may have to provide proof that adultery occurred. So, filing for a no-fault divorce is usually a simpler and more private option. That being said, it is not an easy process. In order for a no-fault divorce to be settled outside of court, the couple will have to come to an agreement upon marital matters, including:
- Division of marital property
- Spousal maintenance
- Child custody and visitation
- Child support
If you and your spouse cannot come to an agreement outside of the court, you may have to turn to litigation. This means your divorce goes to court and any outstanding matters can be determined by a judge. This is usually a longer, more expensive, and more complex process.
Regardless of the type of divorce, each process has its own difficulties. A divorce is a big change and can lead to a lot of stress. As a result, it is important to find the legal representation that is right for you. If you are getting divorced in New York, contact our firm to speak with an experienced and dedicated divorce attorney. We are here to advocate for you throughout the process and make sure your divorce goes as smoothly as possible.
Contact our experienced Nassau County firm
The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 22 years, is always available to assist and represent parties in divorce, separation and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.