Divorce Guide

Getting divorce in New York

Divorce is one of the difficult challenges in life. Divorce always results in emotional, intellectual and financial loss. Getting divorce in New York is more complicated than in any other states. New York divorce laws require fault on behalf of one of the spouses before divorce will be granted. The complaint must claim one of five detailed reasons done by one party against another. This is required by New York's domestic relations law. Reasons for the divorce in New York are as follow:

Cruel and inhuman treatment (Domestic Relations Law §170.1)

Specific evidence of bad behavior will need to be there to show it is unsafe for the parties to remain married. Causing arguments, refusing intimate contact and many other signs of an insecure marriage can be grant as cruel and inhuman treatment.

Abandonment for a continuous period of one year (DRL §170.2)

This is considered when spouse has left, without intimation and without your consent and, even though your request to return. If she \he has been gone at least for one year then you can take divorce in New York.

Imprisonment for more than three years (DRL §170.3)

If, after the marriage, your spouse has gone to jail for three straight years, then only you can get divorce.

Adultery (DRL §170.4)

Proven disloyalty can make it possible to get divorce.

Along with these reasons, ‘Conversion of a separation decision’ (DRL §170.5), ‘Renovation of a written and acknowledged separation agreement after living separate and apart for more than one year’ (DRL §170.6), and ‘The relationship between husband and wife has broken down for a period of at least six months’ (DRL §170.7) Can also consider as a ground for divorce. From 2010, ‘no-fault’ divorce becomes legal in New York. One or more of these reasons can be used for getting divorce in New York.

There are two main types of procedures in New York to get divorce

• Contested divorce : In this type of divorce spouse against whom divorce is filed is eligible to fights back.
• Uncontested divorce: In this type, the same five reasons are still the basis for a separation, but the issues are not doubtful. It may be as simple as a spouse has moved on to a new partner and agrees the marriage should be terminated.

These are important points to keep in mind for getting divorce in New York.

• Contact a lawyer to discuss your rights.
• Be sure you are aware of property distribution, custody, child support and grounds for divorce.
• Try to talk to your spouse and make agreement about division of debts and assets and custody
• Make sure that your spouse doesn't remove property. If you think he or she could, you may want to put them in a safe place.
• Collect the documents of all financial records about income, debts, pensions ,assets and taxes
• Contact the New York state council on divorce conciliation at (800) 894-2646 for the name of a moderator in your area.
• Determine whether maintenance and child support will be needed.
• Obtain detailed information about New York maintenance and child support.
• Understand the many detailed steps involved in New York divorce process. Don’t hesitate to ask for help from court clerks.
• The divorce process in New York takes many months to complete so have patience.

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