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What should I know about divorce due to irretrievable breakdown?

On Behalf of | Sep 22, 2022 | Divorce |

Divorce has become so common in Long Island that people may not be fully aware of the nuance and complexities. Under New York law, there are seven grounds for divorce.

The simplest way to end a marriage is to say that it is irretrievably broken. This eliminates the need to cite one of the other six reasons for divorce including adultery, abandonment, cruel and inhuman treatment, one party being incarcerated for at least three years after the marriage, the spouses living separately for at least one year, or living apart based on a separation agreement.

Key points about an irretrievably broken marriage

Irretrievable breakdown is also frequently referred to as a no-fault divorce. To divorce based on irretrievable breakdown, it is important to understand the specifics and to have assistance. For the court to allow this, the situation must have been ongoing for a minimum of six months with one party stating under oath that this is the case.

Before a divorce can be granted for this reason, the court will address all other issues. That includes determining if spousal support will be paid and how much it will be; child support; custody and visitation; how counsel will be paid; and how marital property will be equitably distributed.

In some circumstances, the couple can negotiate and come to an agreement on their own regarding these issues. For example, they might decide how to split their property such as a marital home, automobiles or household items. If they cannot come to an agreement, the court will decide.

For any type of divorce, it is essential to understand the law and to have guidance

These issues must be settled before granting a divorce due to irreconcilable differences. It is generally the easiest way to end a marriage. Still, the foundation must be in place for this to be an agreeable solution to divorce and move on.

In cases where there is complex property division, disputes over child custody, child support, spousal support and visitation, it may not be the preferable strategy. Regardless, it is important to have professional assistance throughout the process to try and reach a positive result. Calling for a consultation can give information and advice.