There are many different reasons as to why a couple may wish to divorce. This can vary depending on the marriage, as not all couples and divorces are the same. When divorce proceedings begin, spouses must state their reasoning for filing. This is known as citing “grounds” for divorce. Once this is done, the proceedings can continue depending on the situation. Those facing these matters should retain the services of an experienced New York divorce attorney for guidance.
Grounds for Divorce
Many people believe that when a divorce happens, it is always because of one party’s “fault.” However, this is not always the reality of the situation. Spouses can cite either fault or no-fault grounds to begin their divorce. No-fault grounds are cited when neither spouse wants to hold the other liable for the end of their marriage. This is seen when the relationship has broken down over a period of at least six months and the spouses believe it can no longer be fixed. This is often referred to as an “Irretrievable Breakdown of Marriage.”
Alternatively, spouses who cite fault grounds do wish to hold their partner responsible for the divorce. In New York, actions that are legally acceptable to file fault grounds for divorce can include:
- Cruel and inhuman treatment
Contested vs. Uncontested Divorce
When couples go through a divorce, they have to determine the future of their marital issues. This can include child custody, child support, alimony, the division of assets, and more. When a couple is unable to reach agreements on these matters, it is known as a contested divorce. This is often seen in cases where fault grounds are cited, as these spouses tend to be “against” one another. These situations can require the couple to go to court and divorce through litigation. This allows a judge to make decisions for them.
When spouses can agree to the terms of their divorce, it is known as an uncontested divorce. This is sometimes seen when no-fault grounds are cited, as spouses may be better able to communicate with one another if neither party is at fault. Spouses in these cases may be able to participate in alternative divorce methods rather than litigation. This can include mediation, arbitration, or a collaborative divorce. These options let spouses discuss their marital issues in a productive way to reach agreements.