When it comes to a divorce, there are a lot of different decisions to make. Some of these decisions include child custody, child support, and spousal maintenance. Another aspect is how to handle the divorce itself. For example, do you want to resolve your divorce through mediation, litigation, or a different option? You will also have to determine how you want to file for divorce. This includes citing grounds. Grounds are the legal reason for your divorce. When citing grounds in New York, you can decide between fault grounds and no-fault grounds. Read on to learn more about fault grounds in New York and the benefits of citing irreconcilable differences.
Residency Requirements
If you wish to get a divorce in New York State, you have to be sure to meet one of the following residency requirements:
- One or both spouses have lived in the state without interruption for at least two years.
- Both spouses are residents on the day they file for divorce.
- One or both spouses have lived in New York in the year before the divorce case and the couple either got married in New York, lived in New York as a married couple, or the grounds for divorce happened in New York.
New York’s Grounds For Divorce
If you are citing fault grounds, there are 6 legally acceptable grounds for divorce in New York. These grounds include:
- Adultery
- Abandonment
- Imprisonment
- Cruel and inhuman treatment
- Divorce after a legal separation agreement
- Divorce after a judgment of separation
What Does it Mean to Cite Irreconcilable Differences?
You can cite irreconcilable differences as grounds for a no-fault divorce. Citing irreconcilable differences simply means that the marriage is no longer working and is beyond repair. There are a lot of benefits when it comes to a no-fault divorce. When filing for a no-fault divorce, the divorce cannot be legally contested. Additionally, if you are citing a fault ground, you may have to provide proof. For example, getting a divorce on the grounds of adultery may mean providing proof of this adultery. When it comes to a no-fault divorce, there is nothing to prove. As a result, this path is usually faster, cheaper, and more private. That being said, every couple and their situation is different, and what works for one couple may not work for another. If you are considering getting divorced in New York, you will want to contact a skilled divorce attorney. Reach out to our firm to discuss your various options today.
Contact our Firm
The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.
