Brooklyn, NY – A couple can legally end their marriage for a number of different reasons under New York law. A no fault divorce, where the couple does not get along anymore and believes their marriage cannot be saved, is very common. However, there are also fault based grounds to end a marriage that require specific proof of a certain problem. The specific reasons to file a divorce and choose between a no fault divorce or fault based grounds should be discussed with an attorney before committing to the process.
No fault divorces
As long as a couple meets residency requirements in the state and follows other basic procedures, they are able to file for a no fault divorce. One or both spouses can merely say that the marriage has broken down for at least six months and needs to formally end. The couple also needs to settle all issues related to property division, child custody, and other aspects of their separation before the judge assigned to the case will issue the final order to end the marriage.
Fault based divorces
Because no fault divorces have only recently been available in the state, New York law still has traditional grounds for divorce on the books. These include abandonment, adultery, imprisonment, and cruel treatment. There needs to be specific evidence that coincides with the fault based reason that the plaintiff in the divorce case has chosen.
Some people may still choose to file for a no fault divorce case, even if these grounds are present. That is because fault based divorces can require much more time and litigation to resolve, and spouses often have to hire investigators to collect evidence as well. For example, to use the grounds of imprisonment, the spouse asking for the divorce must prove that their husband or wife will spend at least three consecutive years in jail, otherwise the divorce cannot be granted. Even in cases of domestic violence that can end a marriage for cruel and inhumane treatment, there must be evidence of specific episodes of mistreatment that happened within the last five years before the filing, and earlier incidents do not count.
Couples who want to live separately but still technically be married for the purposes of taxes and insurance may be eligible for a legal separation. This is an option for some couples who want to stay legally married for several years before finalizing their divorce.
Brooklyn family lawyers
There are family attorneys who are licensed in New York available to meet with potential clients. Elliot Green Law Offices is a trusted firm that helps with divorces, custody issues, child support, alimony, and related matters.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201