It's never easy to break up, and for New York couples, the legal process requires specified reasons, or grounds for divorce, to proceed. Thus, if goinhg the New York divorce causes is crucial for anyone wanting to file for divorce or respond to divorce papers.
New York statute offers both fault divorces and no-fault divorces. Though the introduction of no-fault divorce in 2010 simplified divorce for most couples, fault divorces can still be utilized under certain circumstances. Both types have different consequences, especially where issues of spousal support, child custody, child support, and distribution of marital assets are concerned.
No-Fault Divorce in New York
The most common reasons for divorce nowadays in New York State is the irretrievable breakdown of the marriage. It is generally referred to as a no-fault divorce.
Here, the one party simply states that the marriage is irretrievablybroken for a period of at least six months. No fault of adultery or abuseneed be established. Nevertheless, both parties must consentregarding the key issues like:
- Custody and visitation (in cases of minor children)
- Child support and spousal support
- Division of marital property and obligations
Couples like no-fault divorce because it allows for a civil separation, reduces courtroom battles, and keeps things confidential. The twospouses may file for a no-fault divorce if they are both on the same page in terms of the conditions and avoid long, costly court proceedings.
Fault-Based Divorce
Even though no-fault divorce is common, New York hasn't abolished fault grounds of divorce. They are used if a spouse wishes to legally blame the other for the deterioration of the marriage. Fault divorces are more complex as they require establishing misconduct.
Here are the primary fault-based New York divorce causes:
1. Cruel and Inhuman Treatment
If your spouse has treated you in a way that is physically or mentally unsafe, you may file for divorce on the grounds of cruel and inhuman treatment. This can include:
- Physical abuse
- Severe emotional abuse
- Behavior that makes it dangerous or improper to continue living together
For this ground to be valid, the abuse must have occurred within the last five years of the marriage.
2. Abandonment and Constructive Abandonment
Abandonment is another legally recognized cause of divorce in New York. It occurs when:
- One spouse physically leaves the marital home and does not return for at least one year
- One spouse refuses sexual relations for at least one year, known as constructive abandonment
Constructive abandonment can happen even if the spouses are still living together but are no longer functioning as a married couple.
3. Adultery
A spouse may file for divorce if they can prove that the other spouse committed adultery during the marriage. However, this is often difficult to establish because:
- The court requires evidence from someone other than the two spouses (a third-party witness)
- It can lead to public exposure of private matters
Despite these challenges, adultery remains a legal reason to seek divorce in New York.
4. Imprisonment
If a spouse has been imprisoned for three or more consecutive years, and the sentence began after the marriage started, this can serve as a valid reason for divorce. The spouse filed for divorce while the other is still incarcerated or within five years of their release.
5. Divorce After Legal Separation
Couples may also obtain a divorce if they have lived apart for at least one year after signing a legal separation agreement or receiving a judgment of separation from the court. This process is sometimes called a conversion divorce.
The separation agreement must meet specific legal requirements, and both spouses must follow its terms during the separation period. After one year, either spouse may file for divorce based on this separation.
Meeting the Residency Requirement
Before starting a divorce case in New York, you must meet the residency requirement. This means at least one spouse must have:
- Lived in New York for two continuous years before filing; or
- Lived in New York for one year if the couple was married in New York, lived in New York as a married couple, or if the divorce causes happened in New York; or
- Both spouses are New York residents on the day the divorce case is filed, and the grounds occurred in New York.
Why Do People Choose Fault-Based Divorce?
Although no-fault divorce is simpler, some spouses still choose to pursue fault-based grounds for strategic reasons. For example:
- To influence decisions about spousal support or child custody
- To gain a favorable property settlement, especially if one spouse squandered assets
- To establish a public record of misconduct, such as adultery or abuse
However, fault-based divorces are usually more expensive and time-consuming. They require legal representation and often involve extensive evidence gathering.
It’s often wise to consult an experienced New York divorce attorney to guide you through the process. An attorney can help you protect your rights, whether you're dividing marital property, seeking spousal support, or resolving custody and visitation matters.