NY State Divorce – Pertinent Information
When going through a divorce, there are many precise laws and important facts to be aware of before you dive into the action. Divorce laws vary from state to state, and it is imperative that you’re fully aware of what a divorce in the state of New York entails. If you want to file for divorce, you must adhere to the legal grounds for divorce in NYS to finalize a legal separation. If you seek the aid of a divorce lawyer in Glen Cove, Simonetti & Associates are here to assist.
Legal Grounds for Divorce in New York State
New York State law requires that those filing for divorce must present their reasons. Examples of this can include the following:
Marriage has been irretrievably broken for more than six months.
- This falls under no-fault grounds because it does not show the spouses destructive behavior. Even under this no-fault claim, a court cannot finalize the divorce until all issues and matters have been settled.
Cruel and inhuman treatment
- This alleges behavior is intolerable, such as emotional or physical abuse that may or not be linked to drug or alcohol abuse.
- If your spouse is separated from you or has been moved out for over a year, you may have a claim for divorce on abandonment.
- If your spouse has been incarcerated for a term of three years or longer than you may have a claim for divorce on imprisonment.
- You have grounds for divorce if adultery is committed, except in the case that:
- You encouraged your spouse to commit adultery.
- Reconciled after discovering the adultery.
- Committing adultery yourself.
- You must be prepared to prove the adultery with evidence in addition to your testimony.
Living under a separation agreement
- You may have grounds to a conversion divorce if you have lived apart from your spouse for over a year pursuant to legal separation.
Adhering to the legal grounds for divorce in New York are essential in assuring you can follow through with your divorce. The divorce process is never easy, nor fun, but understanding given information is essential. Our experienced divorce lawyer in Glen Cove will help ease you through your divorce, and provide clarity through the process as well. Contact us today if you are looking to file for divorce in the state of New York.