Citing Grounds for Divorce in New York

Divorce proceedings are usually very complex and can often be exhausting for couples. Spouses in the state of New York must meet certain requirements before the divorce proceedings may begin. One of the first steps that must be taken to begin the process to cite grounds for the divorce. Many believe that a  divorce only takes place if one spouse is considered to be “at fault” for the end of the marriage. However, this is not always true. In the state of New York, spouses can cite either fault or no-fault grounds to begin their divorce.

Fault Grounds

Before divorce proceedings may begin, spouses have the opportunity to cite fault grounds. When fault grounds is cited in a divorce case, one spouse is holding the other responsible for the end of their marriage. In the state of New York, there are many legally acceptable grounds for a divorce. This can include:

  • Cruel and inhuman treatment
  • Abandonment
  • Imprisonment for 3 years or more in a row
  • Adultery

Spouses are sometimes unsure about whether or not they should cite fault grounds in a divorce. This could be due to the possibility of litigation as well as the chance of creating more problems between them and their spouse. This is because, when one spouse cites fault grounds, the other spouse can answer the accusation. This could possibly lead to further legal issues. It is a common misconception that when a spouse cites fault grounds, it can affect the outcome of the divorce. However, fault grounds typically do not have an impact on the outcome of a spouse’s marital issues in a divorce.

No-Fault Grounds

When no-fault grounds is cited in a divorce, neither spouse is holding the other responsible for the end of their marriage. This is usually seen in the event of an irretrievable breakdown in a relationship for a period of at least 6 months. It is because of this that no-fault grounds in a divorce is also referred to as an “Irretrievable Breakdown of Marriage.” This requires spouses to agree on all marital assets before they can file for divorce. These issues may include child custody, child support, parenting time, alimony, and the division of assets. In the event of this, the couple has the opportunity to decide the method they wish to use to divorce. Different methods consist of mediation, arbitration, collaborative divorce, or private discussions.

Contact our Firm

If you or someone you know is going through a divorce and wishes to speak with an experienced attorney, contact The Law Offices of Susan A. Kassel, P.C. today.

Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.