When you no longer want to be married to your spouse, you may be concerned about whether or not you need specific reasoning in order to file with the courts. If you are filing for divorce in New York State, you are in luck, as New York is a no-fault state.
However, while this applies to divorce proceedings in Lakeville and the surrounding areas, there are still several conditions that must be met. Learn more about how no-fault divorce in New York can help your case.
Under no-fault divorce, you don’t have to have evidence that your marriage is no longer viable due to a specific action of your spouse. There only needs to be a statement (under oath by at least one party) in your divorce papers that your marriage has been “irretrievably broken” for a minimum of six months.
Yes. While New York allows for no-fault divorce, the courts will also accept a fault-based divorce. Some of the grounds for fault-based divorce include:
Adultery
Cruel or inhuman treatment in which it is unsafe for you and your spouse to live together
Imprisonment for at least three years after you were married
Continuous abandonment for at least one year
Not exactly. No-fault divorce sometimes allows for a quicker process, in some cases eliminating the need for lengthy trials to prove fault. However, there are still issues that must be decided before a divorce is completed.
Whether via mutual party agreement or the courts, the following issues must be sorted before your divorce is granted:
Spousal support
Child support
Child custody
Visitation
Distribution of property
Whether you’re going through an uncontested or contested divorce, you deserve qualified guidance through the steps fo the legal process. At Duke Law Firm, P.C., we have the skill and knowledge to set you up for a successful future after a divorce.
Contact us today at (585) 449-4987 to schedule a personalizedhalf-hour consultation with our compassionate legal team.
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