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 property division, child custody, visitation, and spousal support.
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 the adultery
- 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.