Irretrievable breakdown and other grounds for divorce in New York

On Behalf of | Nov 27, 2020 | Divorce |

New York is such a diverse state that people from all walks of life might face marital problems that lead to a divorce. It can be a couple with significant income and assets or those who are workaday and have lesser means. Although these disparities are inevitable, there are fundamental parts of a divorce that remain the same. The grounds for divorce are a crucial aspect of any case. People who are considering divorce should be aware of the law for getting a divorce and have legal guidance from the start.

There can be fault-based and no-fault divorce in New York

According to state law, people can get a divorce for a specific reason or they can just say that they have irreconcilable differences and want to end the marriage. This is the difference between a fault-based divorce and a no-fault divorce. In some cases, it might be important to specify why the divorce is being sought as it can impact other aspects like child custody, child support, spousal support and property division.

With irretrievable breakdown, the parties simply need to say under oath that the problems have been ongoing for a minimum of six months. The above-mentioned issues such as equitable distribution of property and child custody must be settled before a divorce can be granted on these grounds. This is the easiest and fastest way for a couple to end a marriage. For those who are on relatively good terms, this is likely the preferable alternative.

When seeking a fault-based divorce, if there was cruel and inhuman treatment perpetrated against the party seeking the dissolution, this can be a justification for the court to grant a divorce. The conduct must cause physical or mental danger and render the situation unsafe were it to continue. If one spouse abandons the other for at least one year, it is a reason for divorce. Some people are incarcerated and their spouse can seek a divorce because of it. The confinement must be for at least three consecutive years. Adultery is a prominent catalyst for divorce. If the parties live separately with or without a separation agreement for at least one year, this can result in a divorce being granted.

Legal advice may be essential in a divorce

It is imperative to remember that seeking a fault-based divorce may take longer than a no-fault divorce. However, everyone’s case is different. Whether the case is acrimonious and will head to trial or a settlement is possible, it is wise to consider the legal ramifications and consult with an experienced firm that handles all aspects of divorce and family law.



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