- November 20, 2017
When one person states, under oath, that the marriage has broken down irretrievably for at least six months.
But before a court will grant a no-fault divorce, the couple must show that all of their divorce-related issues, such as property division, spousal support, child support, and child custody have been resolved. This can be done between the spouses in a divorce settlement agreement or by a court order.
Fault Grounds for Divorce
Divorcing spouses may seek a fault-based divorce in New York by on the following grounds:
- cruel and inhuman treatment that makes it unsafe or improper for the couple to continue living together (physical or mental abuse)
- abandonment for at least one year
- incarceration for at least three consecutive years after the marriage, or
If a spouse asks for a divorce based on any of the fault grounds, he or she will have to prove to a judge that the other spouse actually committed the misconduct.
Fault-based divorces usually end up in drawn-out divorce battles and can be tough on the entire family.
Divorce Based on Separation
If the couple has already separated, the spouses may request a divorce. The spouse requesting the divorce must show that:
- the couple lived apart pursuant to a court-ordered judgment of separation for at least a year, and the spouse seeking the divorce has provided proof that he or she performed the terms and conditions of the judgment, or
- the spouses have lived apart pursuant to a formal written agreement of separation for at least a year, and the spouse seeking the divorce has provided satisfactory proof that he or she has performed all the terms and conditions of the agreement.
If you have questions about divorce or need an attorney, Contact Stenger, Diamond & Glass, LLP today. We have two convenient Dutchess County, NY office locations in Poughkeepsie and Wappingers Falls, NY.