With the increasing acceptance of divorce in today’s society, many couples choose to dissolve their unhappy marriages. When making this difficult decision, couples must consider various factors that will impact the termination of their marriage. This includes considering whether to file a “no-fault” or “fault” based divorce. Regardless of the route you choose to take, you will have to cite the reasoning or grounds for the divorce. However, the grounds you declare for the divorce can significantly impact the outcome of your divorce. Therefore, if a divorce is imminent, contact a dedicated Suffolk County Divorce & Separation Attorney who can help you determine the best divorce route for your marital situation. Please continue reading to learn about the different fault grounds you can cite for the reasoning behind the dissolution of your marriage in New York.
What are common fault grounds for divorce in New York?
Like many other states, New York allows individuals to file no-fault or fault-based divorces. When you file for a no-fault divorce, you can cite irreconcilable differences as the reasoning for the irretrievable breakdown of your marriage. Essentially, when you cite irreconcilable differences for the reasoning for the dissolution of your marriage, you are stating that neither you nor your spouse is to blame for the divorce. Still, you cannot get along with one another enough to keep the marriage alive. The relationship, ultimately, has been broken down irretrievably for at least six months. With a no-fault divorce, you are not burdened with proving your divorce grounds. However, if you file for a fault-based divorce, you must prove that your spouse’s misconduct caused the end of your marriage.
If you choose to file for a fault-based divorce, you must specify one of the acceptable grounds for ending a marriage provided by the state. In New York, you have the option of filing for divorce based on any of the following valid types of spousal misconduct:
- Cruel and inhuman treatment
- Separation- living apart for one or more years after obtaining a judgment of separation
- Abandonment- living apart for one or more years pursuant to a separation agreement
- Imprisonment for three or more years after the parties were married
The above-listed are all valid fault grounds that the state will accept if you can prove them as reasoning for ending a marriage.
If you’re considering filing for a fault-based divorce in New York, please don’t hesitate to contact a knowledgeable Suffolk County divorce & separation attorney, who can help you evaluate your situation. At The Law Offices of Susan A. Kassel, P.C., we are prepared to help you determine whether you would benefit from citing fault grounds to end your marriage.