In the past, New York State family court only processed fault-based divorces. But as of 2010, they began accepting no-fault divorces as well. The latter is arguably less complex to undergo, yet it all depends on what your and your soon-to-be former spouse’s circumstances allow for. Without any further delay, please follow along to find out the valid fault-based grounds for a New York divorce and how a proficient Manhattan divorce attorney at Zimmet Law Group, P.C. can help you meet the requirements to bring forward a legitimate claim.
What are valid fault-based grounds for a New York divorce?
Say you are the spouse who petitions for divorce. Then, say you claim fault-based grounds. With this, you are essentially accusing your soon-to-be former spouse of participating in wrongful actions that ultimately led to the breakdown of your marriage.
- If your spouse had sexual relations with someone other than you within the last five years (i.e., adultery).
- If your spouse physically left you without an intention of returning for at least one year (i.e., abandonment).
- If your spouse inflicted physical or mental abuse onto you or your minor children (i.e., cruel and inhuman treatment).
- If your spouse has abused you or your minor children physically, mentally, or emotionally (i.e., domestic violence).
- If your spouse has been incarcerated for at least three consecutive years since you got married (i.e., imprisonment).
What are the requirements for a no-fault divorce in New York?
We believe it when you say you cannot pinpoint one exact moment or reason that made you realize you must petition for a divorce from your spouse. This thought process is more common than you may initially realize. In fact, this is what is commonly known as a no-fault divorce.
If you wish to pursue a no-fault divorce, you may simply have to state that your marriage has experienced an irretrievable breakdown for the last six months or more. Of note, this may have to be stated under oath. Otherwise, a no-fault divorce may require less supplemental evidence than a fault-based divorce, as you are not accusing your soon-to-be former spouse of anything serious.
That said, though, it is arguably more difficult to pull off a no-fault divorce. This is because you and your spouse must be on the same page about how you want all your divorce-related terms to be handled. Namely, your child custody, child support, spousal support, and property division orders. Otherwise, this may eventually turn into a contested divorce. This may end up taking more time than a fault-based divorce, as you might not have delayed entering into trial proceedings.
If you are ready to serve your spouse with a divorce petition, please first retain the services of one of the talented New York City matrimonial and family law attorneys. Our team at Zimmet Law Group, P.C. is ready and able to take on your case.
