Grounds for Divorce in New York
Jul 16, 2021
Anyone who is considering filing for divorce should first consult with a Brooklyn divorce attorney to truly know what to expect from it. First of all, you must meet the residency requirements in New York before you can file. This means that you or your spouse has lived continuously in the state for at least two years before your case, or that you got married there, or you lived in the state as a married couple, or the grounds you’re citing happened there.
Grounds for Divorce in New York
There are seven of them that are acknowledged by the state of New York. The most common is Irretrievable Breakdown in Relationship, which requires a minimum of six months of the marriage being beyond the point of reconciliation. This is also otherwise known as the no-fault divorce, and all economic issues, including child custody and support, debt, and division of conjugal assets would have already been settled.
Then there’s also the grounds of divorce after a legal separation agreement and after judgment of separation. Both involve the couple living apart for a full year, but the former occurs as an agreement between the couple, while the latter is a judgment made by the Supreme Court.
Other grounds include cruel and inhuman treatment, abandonment, imprisonment, and adultery.
How a Lawyer can Help
Each of these grounds have their own stipulations and requirements, which is why you would need the help of a Brooklyn divorce lawyer. Cruel and inhuman treatment requires proof that the act was continuously occurring for at least five years, and that it’s given rise to physical or mental danger to the spouse filing for divorce.
Abandonment requires at least a year of the spouse’s absence from the family home, imprisonment requires three or more years in a row, and adultery must show proof that the affair occurred within the marriage.
Because of how technical these requirements are, it’s best to refer your case to a divorce attorney in Brooklyn NY, such as from Levitsky Law Firm, so you can work out a good strategy.