Seven Ways to Divorce in New York


divorce (2)Seven Ways to Divorce in New York

While times have certainly changed, New York remains one of the most restrictive states in the country regarding divorce law.  In practice, it is fairly easy to obtain a “no-fault” divorce in New York, and overall, you have seven distinct strategies you can pursue in order to dissolve your marriage.

Conversion of a Separation Agreement: If you can negotiate a separation agreement between you and your spouse and keep it in place for a year, the court will recognize it and convert it into a divorce decree.

Irretrievable Breakdown: Commonly known as the “no fault” option in New York State, where you claim irretrievable breakdown for at least 6 months, which became possible in 2010.  While “no fault” might imply simplicity, in practice, the courts will still undertake all the issues of the marriage dissolution (property, custody, etc.) before issuing a decree, just as it does in any of these other strategies.

Imprisonment or Abandonment: If your spouse has been absent for a year or has been in jail for three or more years (but not more than five years in the past), you may use these issues as grounds for divorce in New York.

Adultery: In the event adultery can be proven, it is still a valid ground for divorce as long as your spouse cannot show you encouraged their infidelity, committed adultery yourself, or explicitly forgave their adultery.

Cruel and Inhuman Treatment: Abusive and life-threatening behavior by your spouse is considered ample grounds for divorce – but it must have occurred within the past five years.

Judgment of Separation: If you or your spouse have obtained a Judgment of Separation that has been in force for at least one year, the court will grant a divorce in New York.  However, you must demonstrate to the Court that you have substantially performed all of the terms and conditions of that agreement.

Whichever strategy that you choose, becomes your “ticket” into Court and your basis and reason for divorce.  Once established, the divorce proceedings can be heard and decided.

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