When it comes to getting a divorce, it’s important to understand the legal grounds on which you can file for divorce in New York. The grounds for divorce refer to the specific reasons that justify ending a marriage. In New York, there are several grounds for divorce, including both fault and no-fault grounds. This article will explore the What are The Grounds for Divorce in New York and provide insights into the divorce process in the state.
Do You Need a Reason to Divorce?
Before we dive into the grounds for divorce in New York, it’s essential to understand that no-fault divorces are legal and permissible in the state. This means that you do not have to select one of the traditional fault-based grounds to divorce your spouse. In New York, a no-fault divorce is based on the ground of an “irretrievable breakdown” of the marriage for at least six months.
Fault Grounds for Divorce in New York
While a no-fault divorce is the most common way to dissolve a marriage in New York, fault grounds are still available for couples who wish to pursue a divorce based on specific reasons. If you decide to file for divorce under a fault ground, you and your divorce attorney will need to provide evidence to support your claims. Let’s explore the fault grounds for divorce in New York: https://thebigblogs.com/domestic-violence-central-registry-new-jersey/
1. Abandonment
Abandonment occurs when one spouse leaves or kicks the other spouse out of their home. For this ground to be valid, the abandonment must last for at least one year, and the spouse responsible must not have the intention of returning.
2. Adultery
Adultery is a common reason for divorce. It refers to one spouse engaging in sexual activities with someone who is not their spouse. To file for divorce based on adultery, you must be able to prove that your spouse committed adultery. Any kind of sexual activity with someone other than the spouse can be considered adultery.
3. Cruel and Inhuman Treatment
If one spouse perpetuates physical, emotional, or sexual abuse or makes it otherwise unsafe for the other spouse to live with them, the victimized spouse may file for divorce under the grounds of cruel and inhuman treatment. This ground is often appropriate for victims of domestic violence.
4. Imprisonment
If one spouse has been imprisoned for three consecutive years or more, the other spouse may file for divorce. However, the incarcerated spouse must have been sent to prison after the couple got married. It is important to note that if the couple got married while one spouse was already in prison or about to go to prison, the other spouse cannot use imprisonment as a ground for divorce.
5. Separation
While a no-fault divorce allows couples to separate after six months of an irretrievable breakdown, separation can still be a valid ground for divorce in New York. If you and your spouse have been living apart for at least one year, you can file for divorce based on separation. However, you will need to provide evidence that you have lived separately during this time, following the court’s guidelines for separation.
No-Fault Divorce in New York
As mentioned earlier, New York allows for a no-fault divorce based on the ground of an “irretrievable breakdown” of the marriage for at least six months. This means that you and your spouse have been unable to resolve your differences and reconcile your marriage. A no-fault divorce can be a quicker and less contentious option for couples who want to end their marriage amicably.
FAQs About Grounds for Divorce in New York
1. What Are the Legal Grounds for Divorce in New York?
The legal grounds for divorce in New York include cruel and inhuman treatment, imprisonment, separation, irretrievable breakdown, adultery, and abandonment. These grounds allow couples to seek a legal divorce, but they may require proof in court.
2. How Many Years Do You Have to Be Married to Get Alimony in New York?
There is no minimum number of years that a couple must be married to be eligible for alimony or spousal maintenance in New York. The determination of spousal maintenance is based on the income of both spouses and any prenuptial agreements they made when getting married. Generally, couples married for ten years or less may require spousal maintenance for a limited period, while those married for over ten years may be eligible for indefinite support.
3. Do You Need Legal Grounds for Divorce?
No, you do not need legal grounds for divorce in New York if you choose to pursue a no-fault divorce. As long as you can truthfully claim that your marriage has been “irrevocably broken” for at least six months, you can file for a no-fault divorce without providing extensive proof.
4. How Do I Show Proof of Divorce?
If you are divorcing your spouse based on fault grounds, you will need to provide evidence to support your claims. The type of evidence required will depend on your specific situation. Text messages, emails, voicemails, letters, photos, videos, police reports, and witness accounts from family and friends can serve as evidence in your case.
Understanding the What are Grounds for Divorce in New York State is essential for anyone considering ending their marriage. While no-fault divorces are the most common, fault grounds are still available for couples who wish to pursue a divorce based on specific reasons. Whether you choose a fault or no-fault divorce, it is crucial to consult with an experienced divorce attorney to guide you through the process and protect your rights.