Legal Grounds for a Divorce
Before you start to file your paperwork for a divorce you need to figure out what ground you are going to use for terminating your marriage. New York State says there are only certain reasons why you can file for a divorce. So your first step is to go through them and figure out your unique situation.You can file for a divorce under one of the following grounds:
No-fault ground - You can get a "no-fault" divorce if the marriage has "broken down irretrievably" for a period of at least six months (commonly reffered to as "irreconcilable differences.") You do not have to be separated for 6 months, you just have to allege that the marriage has been completely broken down for at least the past 6 months.
Fault-based grounds – In New York, you can file for a fault-based divorce for any of these reasons:
No-fault ground - You can get a "no-fault" divorce if the marriage has "broken down irretrievably" for a period of at least six months (commonly reffered to as "irreconcilable differences.") You do not have to be separated for 6 months, you just have to allege that the marriage has been completely broken down for at least the past 6 months.
Fault-based grounds – In New York, you can file for a fault-based divorce for any of these reasons:
- Cruel and Inhuman Treatment – This includes physical, verbal or emotional abuse that endangers your physical or mental well being to the point that it is "unsafe or improper" for you to live with the abuser. In order to file using this option you will have to have specific instances and dates of what happened.
- Abandonment –For this option your spouse must have abandoned you for a period of one or more years. Specific examples of abandonment by your spouse include a physical move from the home or locking you out of the home. Also, if your spouse has refused to engage in sexual relations with you for at least one year, this can also qualify as abandonment and is known as "constructive abandonment."
- Three Consecutive Years Imprisonment - This is a ground for divorce if your spouse has been in jail for three or more years in a row beginning after your marriage. Once your spouse has been in jail for three years in a row, you can file for divorce:
- while your spouse is still in jail
- up to five years after s/he is released.
- Adultery – You must be able to show that your spouse committed adultery during the marriage. This is usually hard to prove in court, since you need evidence from a third party (meaning a person other than you and you spouse). A judge will require hard proof of adultery such as pictures, emails, or video.
What You Need First
Before a judge will even consider granting a "do it yourself" divorce there are certain items that you need to have settled with your spouse first. It is always best to work with your spouse regarding what you each want before going in front of a judge. A SEPARATION AGREEMENT wrote out and signed in front of a notary public is always best.
- Equitable distribution (division) of marital property. (Can be settled in a separation agreement)
- The payment or waiver of spousal support (Must be a court judgment previous to filing divorce papers)
- The payment of counsel and experts' fees and expenses (Can be settled between spouses in a separation agreement)
- The custody and visitation of any minor children of the marriage, and child support (This has to be a judgment that a court has given you- agreements between spouses is not valid)
- Any item that your spouse might want to take claim in, or you might want to needs to be figured out before filing for an uncontested divorce. Such as 401k, and health insurance.
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Legal Notice:
This information has not been furnished by a lawyer and is not intended for legal advice. Always consult your attorney before making any legal decisions or signing any legal documentation. All content has been gathered from other sites and is documented HERE.