Many couples think that divorce is a simple and straightforward process. You ask the court to end your marriage, maybe some arguing about your marital property and after a while you get your desired divorce decree. However, marriage dissolution can be not only an emotionally difficult period, but also a rather complex and troublesome legal event.
Errors, unaccepted paperwork, delays, extra costs and other obstacles are frequent companions of divorces. It can be explained by the complexity of the legal system in general, but also by a variety of requirements that differ for each state.
If you are going to end your marital relationship in New York, we recommend that you learn about the specific divorce rules. Are there residency requirements? What does the declaration process look like? Most importantly, you’ll want to know what New York divorce grounds to use to reflect your particular divorce situation and speed up the process. You can read about that in this article.
What Are the Grounds for Divorce in New York State?
Grounds for divorce will vary by state. Some states have 12 official reasons for divorce. Others would allow only 7. However, the third will grant a divorce only to those who say their marriage was broken and impossible to mend. In other words, your friend’s experience from Texas or Washington may not be as helpful as you expected. It might be better to check the original source before starting the process.
Fortunately, in this article we have collected the grounds for divorce in New York. In the following paragraphs you will find their specific details. There are seven reasons that can be used as grounds for dissolution of marriage:
Cruel and inhumane treatment. The state of New York allows them to sever their ties if one spouse is abused by the other. It’s a misconduct that requires evidence, and the judge will be very precise about that. If you use cruel treatment to quit, be ready to prove that your partner’s actions are endangering your physical and/or mental health and safety. You cannot divorce on this basis if you have occasional quarrels and conflicts. The judge will only accept this reason if you can demonstrate that further cohabitation can be harmful to your health and/or life. You cannot file a petition for this reason if the abuse took place more than 5 years ago. If a year has passed since your significant other left you, New York law says you can dissolve your marriage. You are considered abandoned if your spouse has moved and has no intention of returning. Alternatively, they may share the same place with you but refuse to have an intimate relationship with that of a married couple. In that case, the court will consider it a rejection. Imprisonment is another false reason that allows New York couples to end their marriage on the grounds that one of the spouses is serving their time in prison. To use it for your divorce case, the following conditions must also be met: the party has been in jail after you got married and they have served 3 years or more of the jail term. This reason can be used for divorce while the prison term is still pending or no later than five years after the party is released. When it comes to cheating, it’s tempting to use this divorce reason in an effort to get a better share of the marital property. And while New York allows couples to divorce on the basis that someone wasn’t actually loyal in the marriage, it’s often hard to prove that it happened. Plaintiff’s honest word is not enough to call someone a fraud. You need someone else’s testimonials to prove the fact. Legal Divorce Agreement. In simple words, it is the rehearsal of a future divorce. If you’re not sure you want to officially end your marriage, but your life together doesn’t seem possible, you can try a legal separation. Usually such an agreement would cover all matters of marriage, including children. To use this ground for divorce, the agreement must be properly notarized and you must have been separated for at least one year. In some circumstances, a court may consider the case of divorced spouses living together – if they can prove that they are not related to that of a married couple. A judgment of divorce. This is the least popular of all New York divorce grounds. Unlike a legal separation agreement, which is decided out of court, a divorce decision is made by a judge. And the process is quite similar to a divorce. While this reason can be used as a reason to end the marriage, most couples prefer to file for divorce in the first place. Irreparably broken marriage. NY law allows couples to call it quits if they say they haven’t lived as a married couple for at least six months. Both parties must agree, as well as divide their marital assets and debts, decide on support, and agree on a custody and visitation plan for their children before filing the papers. In other words, if you don’t want to wash your dirty laundry in public, you also need to be able to negotiate, collaborate and come to an agreement.
In NY, there are seven different reasons that you can use as a basis for freeing yourself from marriage. However, the seventh is the most popular. It makes it possible to get an undisputed divorce NY online which is faster, cheaper and easier in every way. It allows spouses to avoid shameful lawsuits in court, and to resolve their divorce issues as they see fit. But for it to work, the parties will have to show a tremendous amount of patience and cooperation.
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