Grounds For Divorce In New York State Law
- Author Tyrone Rothwell
- Published September 28, 2011
- Word count 429
- Irretrievable breakdown.
Divorce is granted between you and your spouse if the relationship has been broken for at least six months. However, if you filed for divorce before October 12, 2010, you’re ineligible to divorce on these grounds. A divorce will be denied if the couple who is seeking a divorce fails to reach a settlement regarding the property they acquired during their marriage. There must also be a settlement in place regarding custody and visitation rights; as well as spousal and child support.
New York allows divorce if your spouse abandons you for at least a year. In this case, abandonment means your spouse either kicked you out or left you without any intentions of returning. To divorce on these grounds, you and your spouse must have reached a settlement regarding custody visitation, property, spousal and child support.
Divorce is granted if your spouse commits adultery. It should be noted, however, that if you encourage your spouse to cheat or engage in sex with him or her after learning about the affair, then you won’t be granted a divorce. Divorce is also denied if you’re the cheating spouse.
New York divorce laws don’t grant divorce to couples if more than five years have passed since infidelity happened. You can’t testify in a divorce ending in adultery. Instead you must have someone else as a witness.
- Separation agreement.
A divorce is granted to married New York couples who have lived separately for at least a year as a result of signing an agreement of separation. Prior to the finalization of divorce, both parties are expected to obey this signed agreement.
- Cruel and inhuman treatment.
Cruel and inhuman treatment means you’re in danger physically or mentally if you continue living with your spouse. This is based on verbal and/or physical abuse.
If this abuse happened over 5 years ago, you can’t divorce on these grounds. Your spouse even has the right to object to these grounds.
A New York judge will grant a divorce to a spouse whose husband or wife is incarcerated for three years or longer. A divorce can not be granted if the spouse’s incarceration happened more than five years ago and he or she is now free.
- Judgment of separation.
If you and your spouse live separately because of a "judgment of separation" or a "decree of separation," for at least a year, then you can seek a divorce on these grounds. All the stated conditions in the decree or judgment must be obeyed by both parties.
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