Citing Grounds for Divorce in New York

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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.

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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.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

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We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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