Currently, the state of New York follows 'no-fault' divorce laws
which allow a couple to pursue divorce without showing misconduct in the
marriage or getting separated first. A
no-fault divorce can occur if one spouse states that the marriage has been broken for at
least six months. This reason for divorce is often termed the 'irretrievable
breakdown' reason for pursuing divorce and this only became an option
after October 12th, 2010. The court can only give a divorce on these grounds if one spouse
gives a statement, under oath, regarding the breakdown and all divorce-related
issues have been resolved. Divorce-related issues include
Aside from a no-fault divorce, there are grounds that can result in a fault-based
divorce, such as:
Cruel and inhuman treatment- your physical and/ or mental health is in danger if the marriage continues
At least one year abandonment- your spouse has left you or kicked you out without the intention of returning
Three consecutive years in prison after the marriage- your spouse must have actually served three or more years before you
can file a fault-based divorce due to incarceration
Adultery- requires a witness other than yourself and will not qualify if you also
committed adultery or more than five years have passed since you discovered
Judgment of Separation- you and your spouse have had a written 'Agreement of Separation'
for at least one year.<
Interested in a Divorce? Our Firm Can Help.
If you are looking to pursue divorce in New York, it is critical that you
have an informed and experienced
divorce attorney by your side. H. Benjamin Perez & Associates, P.C. can make
sure that your rights are protected and assist you in the filing process.
Contact us to set up your
free consultation and get started in your divorce. We are dedicated to your best interests
and will work tirelessly to protect them!