New York City is a no-fault state, which means you can divorce your spouse without any issues. But generally, if you have to get a divorce, you will pick some reasons to get a divorce. When partners live separately after marriage, the marriage automatically turns null and void. Withholding the divorce law, the judge will give the order for a fair distribution of the marital property and marital debts, designate you or your ex to child custody, and order you to pay child and spousal support. So the question is, what are these grounds for divorce? You will have to comprehend the basics before diving into the divorce procedure.
In many situations, working on your failed marriage for six months or more does not yield desirable outcomes or reconciliation. If a specific event becomes the reason for divorce, you can file your case under the following grounds. However, your lawyer must provide evidence to the NY divorce laws and the court that your claimed event happened.
Permanent breakdown
Trust between you and your spouse has deteriorated in the last six months, cracking the marriage beyond repair. In that case, the court may not permit you a divorce as long as you settle property divisions, debts, child custody, visitation, and spousal support. After that, both parties agree to process the divorce.
Brutal and inhumane treatment
Physical and mental abuse by your spouse while living together gives you a reason to file a divorce. In such cases, NY divorce laws will be in your favor. But if the most recent abuse happened 5 years ago, you can’t get a divorce, especially if your spouse objects to this decision. Technically, you will lack evidence, and the case will become more complicated for you and your spouse.
Got abandoned
Abandonment is when your spouse leaves you without hints or kicks you out of your marital home. If the situation remains the same for one year or more and your spouse shows no intention to get back to you, you should file a divorce.
Infidelity
Adultery alone will not get you a divorce if you allow your spouse to establish a sexual relationship with another person, encourage or forgive after learning about adultery done by your spouse. Meanwhile, the Divorce Law in NYÂ mentions that if your spouse had a sexual affair five years ago and after all this time, you file a divorce now, it will be dismissed. The court will decide the next step unless you have a witness to testify about your claims.
Separation Â
Under certain circumstances, you can file a no-fault divorce after six months to get out of the matrimony. Separation is a viable reason if you and your spouse live apart for one year to file a divorce. However, you must prove to the court that you have obeyed all conditions and verdicts. It is not easy to obtain a judgment of separation, it can be complicated without professional guidance, and you need to work with Aronov law NY if you want to jump straight into divorce.
Experienced divorce lawyers believe that people should choose these grounds to file their divorce not because they are aligned with the NY divorce laws but because these agreements make divorce simpler and faster.