New York Divorce

Everyone knows that divorce is usually not an enjoyable process for anyone involved. Getting a New York divorce is obviously no different. When you go through a New York divorce there are a few facts you will need to know about the way that New York handles their divorce law.

Let's take a look at what criteria the state considers acceptable for a New York divorce and how to tell if your situation qualifies. We'll also take a look at what grounds do not qualify for a New York divorce and what your options are if you fall into this category.

New York requires there to be someone at fault for the divorce process to begin. They specify certain grounds that can be used to determine who is at fault in the relationship. The grounds include cruel treatment, abandonment of the family for the period of one continuous year or longer, being imprisoned for over three consecutive years post marriage, or committing adultery.

In addition, a judge may rule to convert a separation judgment into a divorce. If you believe that you fall into one of these categories, then you will, most likely, qualify for divorce proceedings. It is now up to you and your spouse to determine if you are going to attempt a contested or uncontested divorce.

Just as New York has a specific list of grounds you need to qualify for a divorce, they have a list of grounds that will not qualify for a divorce. These include the belief that you are incompatible, the situation where no one is at fault, or a mutual agreement to get a divorce.

Also, if communication ceases between the couple they will not be considered eligible for a divorce. Any of these may be used to request a separation agreement. In this case, you then have the option to peruse the court to convert your separation into a divorce agreement. This is one major way to the no fault rule.

Another way to get a divorce relatively simply is to get an uncontested divorce. To do this one party will need to accept fault for the divorce and then not contest it.

Remember that to get a New York divorce you must meet the certain grounds criteria that they specify. If you do not, you will need to speak with your spouse about your other options like getting a separation. As always, it is ideal to consult with an attorney on this topic.