Have you decided to get a divorce? No one goes into a marriage thinking it will end in divorce. Divorce is difficult, and we here at Simonetti & Associates understand that and are here to make the process as seamless as possible. Getting a divorce is a complicated process, and certain requirements must be met. Visit a Divorce Lawyer in Nassau County to go over these requirements and make sure you both meet the standards for divorce in New York.
Grounds for Divorce
In New York State, there are seven legally acceptable grounds for divorce:
- Abandonment- For this ground to apply, the spouse must have abandoned the plaintiff for at least a year. An example would be a spouse leaving home with no intention of returning.
- Inhuman or cruel treatment- For this ground, one spouse would have to be physically or mentally in an unsafe way within the last five years. Cruelty must rise beyond the argument level.
- Adultery- Plaintiff must show that the spouse committed adultery during the marriage.
- Imprisonment- For this ground to apply, the spouse has to have spent three or more years in prison. This ground can be used while the spouse is in prison or up to 5 years following release.
- Legal separation- To apply this ground, the defendant and plaintiff must file a separation agreement and live apart for one year.
- Judgment separation- For this ground, the Supreme Court issues a judgment of separation, and the couple lives apart for a year.
- Irretrievable breakdown in relationship for a minimum of 8 months- A no-fault option, the marriage must be finished for six months, as well as all economic issues, including debt. Property is divided, and the custody and child support have been settled.
There are a few ways to meet residency requirements in New York State:
- Either party is a continuous New York resident for at least two years before filing.
- The marriage took place in New York, and either space has been a resident for a continuous period of one year.
- The couple has lived in New York married, and at least one spouse has resided in New York for a continuous period of one year before filing.
Divorce Lawyer in Nassau County
Divorce is difficult, it can be confusing, and you need to make sure you and your spouse meet the requirements. A Divorce Lawyer in Nassau County is here to guide you thru his challenging process, leaving you with peace of mind.