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Do I Need a Specific Reason to Divorce my Spouse?

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.

Understand No-Fault Divorce in New York

What is No-Fault Divorce?

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.

Does New York Still Accept Fault-Based Divorce?

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

Does No-Fault Mean My Divorce Will Immediately Be Granted?

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

Effective Divorced Representation in Livingston County

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 free half-hour consultation with our compassionate legal team.