What are Grounds for Divorce in New York?

What are Grounds for Divorce in New York?

Couples find themselves in a situation of divorce for a variety of reasons that can be different from another couple. This is one of the many reasons that not all divorce cases are the same. To begin the process of divorce, spouses are required to tell the court their reason for wanting a divorce. This is called citing “grounds” for divorce. Once this is done, the divorce proceedings can begin. When facing matters of divorce, it is important to reach out to an experienced New York divorce attorney for guidance.

Fault Grounds

When a spouse cites fault grounds in their divorce case, it means they are holding their partner responsible for the end of their marriage. The state of New York has several legally acceptable grounds for divorce, including:

  • Cruel and inhuman treatment
  • Abandonment
  • Imprisonment
  • Adultery

There are many cases in which spouses are unsure about citing fault grounds due to fear of litigation and causing more issues between them and their spouse. This is because, after doing so, the other spouse can respond to this accusation. While this is true, it is important to know that citing fault grounds cannot affect the outcome of the divorce proceedings. 

No-Fault Grounds

It is a common misconception that when a divorce happens, it means there is always “fault” to be placed on one party. However, this is not always the case. Spouses are also able to cite “no-fault” grounds. This is done when neither spouse wishes to hold the other responsible for ending their relationship. These cases are usually seen in the event that a relationship has broken down over a period of at least six months. It is because of this that no-fault grounds are sometimes referred to as an “Irretrievable Breakdown of Marriage.”

In these situations, in order for spouses to move on with an uncontested divorce, they are required to reach agreements regarding their marital assets. This can include matters such as child custody, child support, parenting time, alimony, and the division of assets. It is important to know that couples do not have to go through litigation to do so. Instead, they can participate in alternative divorce methods such as mediation, arbitration, or a collaborative divorce.

Contact our Firm

Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.

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