What are the Grounds for Divorce in New York?

The New York Times reported that one year after the Covid-19 pandemic struck the world, divorce rates slowed considerably across the nation. At the beginning of the first year, divorce rates surged, but towards the end of the first year, in Los Angeles, divorces were down 17 percent. New York lawyers like Tully Rinckey and many other experts think that this trend is going to uptick when the vaccinations begin rolling out in greater numbers.

The pandemic is taking a toll on families, and leading many to wonder, is New York a no-fault divorce state? Or do you need to have grounds for divorce in New York? The answer is both.

No-Fault or Grounds?

You can get divorced in New York whenever you wish to end this legal contract. Check New York requirements for an uncontested divorce, which is the court process for ending a marriage without a big fight. This might be a no-fault divorce.

A no-fault divorce will only be granted after both parties have resolved all of their marital issues. You may think that will be easy if you both agree to a divorce, but you might not yet be thinking about who gets the couch that great-grandma brought over on the boat, or things of this nature. A no-fault divorce will be simple if you resolve as many of these details, including assets, child support, child access, and child custody before you go to court.

Or, you might have a big family problem that you need to deal with at a more complex level. Then, you have grounds for divorce. These are the grounds for divorce in New York:

  • Cruel and inhuman treatment
  • Abandonment for one or more years
  • Prison confinement for a spouse for 3 or more years after marriage
  • Adultery
  • Separation of one or more years
  • Irretrievable breakdown of the relationship

Work With the Experts

Even no-fault divorces in New York can be tricky. Work out what you can with your partner before you serve summons if you can. If you can’t, a family lawyer is the easiest way to navigate this process, and it isn’t always as expensive as you think. Family law teams like those at Tully Rinckey law can help you establish grounds, or a no-fault divorce, in these troubled and complex times.

 

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