What the Court Looks at for Fault Divorces

There are two different types of divorce in New York. Those are fault and no-fault divorces. In a no-fault case, the petitioner need only allege that the parties have lived separated and apart for six months. Then, he or she must state that the marriage has been irretrievably broken. If a person is going to file a fault-based divorce, he or she will need to allege grounds. Those grounds can consist of any of the following:

• Cruel and inhuman treatment in the last five years.
• Abandonment when one spouse abandons the other for at least one year. Abandonment can also be constructive by refusing to engage in sexual relations with the other spouse for more than one year.
• Adultery in that one spouse had sexual relations with a person who was not a party to the marriage.
• Divorce after legal separation for more than one year.
• Divorce after a judgment of separation, and then, the parties to the marriage live separate and apart for one year.

Contact a New York City Divorce Attorney

Divorce does not just consist of filing some forms with the court. Fault-based divorces can be lengthy, emotionally draining, and costly, and children are likely to be affected as well. That is why it is important to carefully weigh your options with the Levitsky Law Firm. Whether you elect to file for a no-fault or fault-based divorce, you will want to arrange a consultation with a New York City divorce lawyer. An attorney from our firm will carefully listen to your concerns, answer your questions, and advise you of your full range of legal options under New York divorce law.

Speak with a divorce attorney before considering the burden and expense of protracted litigation. To better understand how we can work in your best interests and those of your children, contact us first.