Divorce has historically been viewed negatively due to societal and family reasons, which created a stigma around couples who decided to end their marriage. However, it has become more socially acceptable for couples to dissolve their unhappy unions. As such, when couples make this challenging decision, they must consider several factors that will impact the termination of their marriage, including whether to file for a “no-fault” or “fault” based divorce. Couples must cite the grounds or reasoning for ending the marriage regardless of the chosen route. Depending on the grounds they declare, it can significantly impact the outcome of the legal proceedings. Therefore, if you’re considering a divorce, it is in your best interest to contact an adept Garden City Divorce Lawyer who can help you determine the best route based on your marital situation. Please continue reading to learn about the different grounds for divorce in New York.
What are no-fault and fault grounds for divorce in New York?
New York is among the states that allow couples to file for divorce, either no-fault or fault-based. This means that couples can dissolve their marriage without assigning blame to either party or by proving that one spouse’s misconduct was to blame for the breakdown of the marriage. However, New York is a no-fault state, meaning the court can dissolve the marital union without requiring one spouse to prove that the other did something wrong. When you file for a no-fault divorce, you can cite irreconcilable differences as the reasoning behind the irretrievable breakdown of your marriage. Irreconcilable differences mean that the end of the marriage was not the fault of one party or a specific reason. Instead, it means the marriage no longer works and is beyond repair. To cite this ground for a no-fault divorce, the relationship has to have been broken down irretrievably for at least six months. Nevertheless, if you file a no-fault divorce, you do not have to prove the grounds for ending the marriage.
On the other hand, if you file for a fault-based divorce, you must prove that your spouse’s misconduct was the reason for dissolving the marriage. If you choose this divorce route, you must declare one of the acceptable grounds the state provides for ending a marriage. The following include the valid fault grounds for divorce in New York:
- Cruel and inhuman treatment (includes physical, verbal, and emotional abuse)
- Separation-living apart for one or more years after obtaining a judgment of separation
- Abandonment/desertion -living apart for one or more years
- Imprisonment for three consecutive years after the parties were married
If you’re considering a divorce, please don’t hesitate to contact a qualified Garden City divorce lawyer who can help you navigate your legal options. At the Law Offices of Eyal Talassazan, P.C., we are prepared to help you evaluate your situation and determine whether you would benefit from citing fault grounds to dissolve your marriage.