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Divorce in New York
Every state in the U.S., except New York, has enacted some form of “no fault” divorce. This basically means that the partners can mutually consent to divorce for any reason, or no reason. Or, one partner can seek a divorce, citing “irreconcilable differences,” essentially stating that the marriage isn’t working, through no fault of either partner.
New York is the only state that retains a requirement of fault for divorce. This means that one partner in the marriage has to allege and prove one or more specific grounds for divorce. These grounds include cruel and inhumane treatment, abandonment, incarceration, and adultery. These are questions of fact, and a judge or jury must find that they are true before a divorce can be granted.
If the other partner does not contest the divorce, the procedure is fairly simple. The spouse seeking divorce simply files the complaint, alleging one or more of the grounds for divorce, and the other spouse admits that they are true.
If the other spouse contests the divorce, it will have to go to trial, and a New York judge or jury will have to determine if the allegations of grounds for divorce are true, before a judgment of divorce can be entered.
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