Divorce in New York
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Divorce in New York
New York is the last state that enacted the "no-fault" divorce rule. This means that the partners can mutually consent to divorce for any reason or no reason at all. One partner can seek a divorce citing "irreconcilable differences," in which the partner is stating that no partner is the cause of the marriage failing. Even so, a divorce is not granted instantaneously, the partners must still meet at least one of three criterias for divorce:
One partner in the marriage alleges and proves one or more specific grounds for divorce. These grounds include:
- Cruel and inhumane treatment
Fault is a question of fact. Hence, a judge or jury must find that the fault does exist before a divorce can be granted.
2. Irretrievable Differences
Now, in New York, partners can obtain a divorce if there have been irretrievable differences for a period of at least 6 months. Essentially, this is a no fault divorce and that the marriage has been on the downfall for at least 6 months. Thus, the partners may mutually consent to a divorce.
3. Legal Separation
Partners may obtain a divorce if the have been legally separated for at least one year. Moreover, the partners must either:
- Obtain a divorce decree from the courts, or
- Live apart for at least one year and sign a separation agreement
Uncontested and Contested Divorces
The divorce procedure is simple if the other spouse does not contest the divorce. The spouse seeking divorce simply files the complaint, alleging one or more of the grounds for divorce, and the other spouse admits that the grounds are true.
If the other spouse contests the divorce, it will have to go to trial. A New York judge or jury will have to determine if the allegations of the grounds for divorce are true before a judgment of divorce can be entered.
Consulting an Attorney
A qualified New York divorce lawyer can provide you more information and help you through your divorce process. He can also represent you in court and help you gather evidence for trial.
Consult a Lawyer - Present Your Case Now!
Last Modified: 03-21-2014 03:47 PM PDT
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