What Do I Need to Know About Grounds for Divorce in New York?

What Do I Need to Know About Grounds for Divorce in New York?

There are a variety of reasons why a couple may feel their marriage is over and want a divorce. In order to begin the process of divorce, spouses are required to state their reasoning for wanting to end their relationship. This is done by citing “grounds” for divorce. Once grounds are cited, the divorce proceedings can begin in order to officially divorce. When dealing with these matters, it is important to retain the services of an experienced New York divorce attorney for assistance.

Grounds for Divorce

It is a common misconception that divorce is always due to one party’s “fault.” However, this is not always the case. Spouses can cite “no-fault” grounds as well. This is done when neither spouse wishes to hold the other responsible for ending their relationship. This is often the case when spouses believe their relationship has broken down over a period of at least six months and it can no longer be fixed. This is often referred to as an “Irretrievable Breakdown of Marriage.”

On the other hand, spouses who cite fault grounds wish to hold their partner responsible for the end of their marriage. In the state of New York, there are several legally acceptable grounds for divorce:

  • Cruel and inhuman treatment
  • Abandonment
  • Imprisonment
  • Adultery

Contested vs. Uncontested Divorce

During a divorce, spouses are required to settle their marital issues in order to move on. Those who cannot reach agreements regarding these matters may need to go through a contested divorce. This is often the case when fault grounds are cited, as spouses in these situations rarely agree with one another. When this happens, the couple may need to go to court and divorce through litigation. This gives a judge the right to make decisions for the couple.

Spouses who are able to agree to the terms of their divorce can go through an uncontested divorce. This is often seen in “no-fault” situations. Spouses in these cases may not need to go through litigation but instead participate in alternative divorce methods. These are options that let spouses discuss their marital issues in a productive way to reach conclusions. This can be done through mediation, arbitration, or a collaborative divorce. 

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.