A Brief Guide to Divorcing in New York

What are the Grounds for Divorce in New York?

Grounds for divorce are known as the reasons why the couples are dissolving their marriage.  In New York, there are four grounds for divorce:

  1. Living Separate and Apart. If the spouses live separate and apart for at least one year, under a written separation agreement, they may be able to file for divorce.
  2. Cruel, inhuman treatment. A couple may have grounds for divorce if they are subject to cruel, inhuman treatment.  This has two separate categories, mental cruelty or physical cruelty.
  3. Abandonment.  A spouse may have grounds for the divorce if he or she has abandoned the other spouse or if the spouse was abandoned.
  4. Adultery.  If a spouse has an affair, this can be grounds for a divorce.

What is a Contested Divorce in New York?

A contested divorce is usually the result of couples failing to come to a mutual agreement about the dissolution of their marriage.  Usually, there are several issues the couple cannot come to an agreement with, such as child support, child custody, alimony, and division of assets/debts.  However, there may be only one issue that is outstanding that can lead to the contested divorce.  Contested divorces can become tumultuous and acrimonious and, as a result, can drag on for a long time.

What is an Uncontested Divorce in NY?

An uncontested divorce is when one spouse files for divorce against the other spouse, but the spouse who is served allows the divorce to happen.  In most cases, the parties are amicable and agree to the divorce.  The divorcing couple is usually in agreement with any issues in the divorce.  This may mean that they have come to an agreement in child custody/support, alimony, and any division of assets.

If you are considering divorce, contact an experienced divorce attorney to help you.

Contact The Penichet Firm today and we will be happy to assist you in all of your family or criminal law matters.