Grounds for Divorce in Queens, NY
- Posted on: Mar 16 2016
What Are the Grounds for Divorce in New York?
When you file for divorce in the state of New York, you’re going to need what the court calls “grounds,” which is an acceptable reason for wanting to end your marriage. The state of New York recognizes both “no-fault” grounds and “fault-based” grounds.
Fault-Based Grounds
A fault-based divorce usually comes with a few more complications given the circumstances, but in order for a divorce to be fault-based, one member of the marriage has done something to jeopardize the marriage vows. Here are some of the few ways a divorce would be considered fault-based:
- Adultery: If your spouse committed adultery during your marriage, this would be considered a fault-based grounds for divorce. But, it is important to note that proving adultery in court can be difficult and you will usually need third party evidence.
- Cruel and Inhuman Treatment: If your spouse was physically, verbally, or emotionally abusive during your marriage, you are eligible for a fault-based divorce, but you will need to prove that the conditions made it unsafe for you to live with your spouse. This means you will need proof of the cruel and inhuman treatment occurring within the last five years.
- Abandonment: Abandonment is considered when your spouse physically leaves you, such as moves out of your marital home, for more than a year. Abandonment is also considered if your spouse refuses to engage in sexual relations with you for over a year. This form of abandonment is known as “constructive abandonment”
- Imprisonment: If your spouse will be imprisoned for at least three consecutive years, you can file for a divorce. In order to use imprisonment as a grounds for divorce, you must have already been married when your spouse was sentenced. You also cannot file for divorce until after your spouse has served three years in prison. Then, you are able to file for divorce while your spouse is still serving time or up to five years after the release date.
Contact Queens divorce law practice FK Law Group at 1-800-631-1757 for information about trials and motions, or any other family or divorce matter.
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