Grounds for a Fault Divorce in New York
The Five Grounds for Divce in New York State
On What Grounds May I File for a Fault Divorce in New York?
New York only recognizes 5 fault related grounds for divorce.
- Cruelty - The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.
- Abandonment - The abandonment of the plaintiff by the defendant for a period of one or more years.
- Incarceration - The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant.
- Adultry - The commission of an act of adultery, defined as the commission of an act of sexual intercourse, oral sexual conduct or anal sexual conduct, voluntarily performed by the defendant, with a person other than the plaintiff after the marriage of plaintiff and defendant.
- Non-Cohabitation - The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment.
Can I File a No Fault Divorce in New York?
Yes. New York passed a law in 2010 allowing for no-fault divorces. Now couples have the option to file for divorce without alleging the other party was at fault, and have their divorce finalized 6 months later.
I Want a Divorce! Do I Need a Lawyer?
Yes. You should contact a divorce attorney immediately. Initially they will help draft your divorce petition, and then later assist you with the exchange of documents, settlement, and any trial issues. A good divorce attorney is vital to making sure that you get everything that you are entitled to. A qualified New York divorce lawyer can provide you more information if there is a sufficient grounds for your case.
Consult a Lawyer - Present Your Case Now!
Last Modified: 09-06-2012 12:08 PM PDT
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