Divorce is a complex legal process that can be emotionally challenging. Understanding the grounds for divorce in your state is essential to navigating this process effectively. In New York, there are several grounds for divorce, which we will explore in this blog post.
What Is No-Fault Divorce?
New York offers a relatively straightforward path to divorce through the concept of "no-fault divorce." This means you don't need to prove that your spouse is at fault for the marriage's breakdown.
To file for a no-fault divorce in New York, you must claim that the marriage has been "irretrievably broken" for at least six months. This means that there is no possibility of reconciliation.
Fault-Based Grounds for Divorce
While no-fault divorce is the most common option, New York also recognizes fault-based grounds. These grounds include:
- Cruel and inhuman treatment: This requires proof of physical or mental cruelty that makes it impossible to continue the marriage.
- Abandonment: This involves one spouse leaving the marital home for at least one year without consent or justification.
- Imprisonment: If a spouse is incarcerated for three or more consecutive years after the marriage, it can be grounds for divorce.
- Adultery: While proof of adultery can be complex, it is still a ground for divorce.
- Divorce after a legal separation: If you and your spouse have been legally separated for at least one year, you may file for divorce.
Fault-Based Divorce Versus No-Fault Divorce
While no-fault divorce is generally the preferred method due to its speed and reduced acrimony, there are specific circumstances where a fault-based divorce might be advantageous. Proving fault can potentially influence the outcome of property division and spousal support. For example, if adultery or abandonment caused financial hardship for the innocent spouse, a court may consider these factors when determining equitable distribution.
Additionally, a fault-based divorce can be psychologically satisfying for some individuals who believe their spouse's actions caused the marriage to fail. It's crucial to weigh these potential benefits against the increased complexity and potential for a more contentious divorce process when deciding whether to pursue a fault-based approach.
Choosing the Right Ground
Deciding which ground for divorce to pursue is a significant decision. Factors such as the length of the marriage, the reason for the divorce, and the potential impact on child custody and property division can influence your choice.
It's essential to consult with an experienced family law attorney who can examine the specific details of your case and determine the most suitable grounds for divorce.
Contact Our Family Law Firm Today
If you're considering divorce in New York, Rubenfeld Law Firm is here to guide you through the process. Our family law attorney understands the complexities of divorce law and can provide you with the support and legal counsel you need. Contact us today for a consultation.
For more information or to get started, call (631) 777-7200 or reach out to us online today to schedule a consultation.