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Friday, July 26, 2013

NY Divorces: Protect Yourself! Learn about adultery, abandonment, and other grounds for contested and uncontested divorce

Divorce is hard on everyone in a family. If you are considering divorce, you probably have a million things running through your mind: How will the kids feel? What will happen to the house? How do I even begin this process?

Divorces fall into two major categories: contested and uncontested. An uncontested divorce usually occurs when you and your spouse agree on all the issues that come along with divorce, including the distribution of your finances, child support and visitation, and spousal maintenance. If you and your significant other cannot come to an agreement on these issues before your court date, you will have to file for a contested divorce. A contested divorce can raise the cost of your divorce exponentially, however, many people believe it is worth it when they feel strongly about certain issues such as their children’s care or remaining in their marital residence.

If you wish to petition for a contested divorce, you must choose one of the six grounds for divorce in New York State.

Click below to learn the grounds for divorce in New York.

These grounds are:

1. Irretrievable Breakdown of the Marriage for a Period of More than 6 Months: This is the “catch all” ground for filing divorce. If you and your spouse simply have not be able to make your relationship work for a period of six or more months, you have grounds to file for this. This is a relatively new ground enacted by the State regulations and signed by the governor.

2. Inhumane and Cruel Treatment: This ground is for those in abusive marriages. If your spouse has treated you in a way that adverse to your mental and physical health, you have grounds to file for this.

3. Abandonment: This ground is for those whose spouses have left them and the marital residence for a year or more. This ground may also be applicable for those who spouses have refused to have sexual relations with them for more than one year, which has been termed constructive abandonment.

4. Imprisonment: This ground is for those whose spouses have been in jail for three or more years.

5. Adultery: This ground is for those whose spouse cheated on them. However, it may be hard to use this ground because you yourself cannot testify to the adultery; an outside witness is needed. In addition, you must be aware that just because a Court grants a divorce on this ground the martial property is still subject to Equitable Distribution laws.

6. Judgment of Separation: If you and your spouse have been living apart in accordance with your separation agreement, you have grounds to file for this.

Whatever you decide to do, it is important to have an attorney to guide you through the process. Your divorce decree will affect you for the rest of your life. Make sure you get the help you need so you can get the things you want! Call an experienced attorney today at 718-317-5007.

- Kevin McKernan

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