04/12/2011 // New York, New York, USA // divorce-in-new-york // Divorce Filers
New York, NY (WiredPRNews.com) The grounds or basis for a divorce has not been amended by the New York State Legislature for decades. Since October of 2010, for the first time in New York history, the grounds of “irreconciliable differences” which is a true “no-fault” grounds is now available. For further detailed information on this issue, you may contact our offices for a complimentary consultation. Call us toll-free at 1-888-224-6800.
Please read some of the most commonly used terms in New York divorce procedures below.
Uncontested divorce in New York state:
When you and your spouse agree that you both desire a speedy divorce and there are no issues in dispute; i.e. Property, financial issues, child support, visitation, custody, etc., you may be eligible for an uncontested divorce. If this is the case, our office can prepare all court papers and file them in the Court on your behalf and obtain a Final Judgment of Divorce. This can generally be accomplished in approximately ten weeks or less. In addition, if your spouse fails to appear in the divorce action, you may obtain an uncontested divorce without your spouse’s signature.
Grounds for divorce:
In many states, including New York, the grounds for divorce means the basis or reason that the divorce is granted by the Court. The following grounds for divorce exist presently in the State of New York:
No fault divorce in New York state:
AS OF 10/12/2010, New York State finally accepts NO-FAULT as a divorce ground.
Abandonment, this ground for divorce may take three possible forms:
Physical Abandonment-The husband or wife abandons or physically leaves the marital home for a period of one or more years prior to the commencement of the divorce action without just cause and this abandonment continues to the present time.
Constructive Abandonment- If there is no physical abandonment but one spouse refuses to engage in sexual relations with the other spouse for a continuous period of one year or more prior to the commencement of the divorce action and continuing to the present time without good cause or justification, this abandonment is known as constructive abandonment.
Lock Out- One spouse without just cause refuses to allow the other spouse to enter the marital home for a continuous period of one year prior to the commencement of the divorce action and continuing to the present time.
Cruel and inhuman behavior:
The treatment of one spouse towards the other spouse is such that the physical or mental well-being of one spouse is so endangered as to render it unsafe or improper for the abused spouse to cohabit or live with the other spouse. Any and all acts which may be deemed to constitute acts of cruel and inhuman treatment must have occurred within five years of the commencement of the divorce action.
This ground for divorce is available when one spouse is imprisoned for three consecutive years or more after the date of marriage and the spouse is still incarcerated when the divorce action is commenced as long as the action is initiated within five years from the time of the completion of the third year of imprisonment.
An act of sexual or deviate sexual intercourse performed voluntarily by one spouse with a person other than his or her spouse during the time the couple is married to one another. This ground for divorce is often difficult to prove since corroborating evidence (witness testimony) is required.
Conversion of a separation matters:
If a couple lives separate and apart for more than one year pursuant to a separation agreement filed with the County Clerk of the Supreme Court which specifies the terms and conditions of the separation, one party may maintain an action for divorce against the other based upon the separation agreement.
Also known as an ANNULMENT, the effect of a voidable marriage is that the marriage, in effect, never took place. One of the most basic reasons that an annulment is obtained is on the basis of fraud. In other words, if one spouse was is some serious manner deceived, lied to, or mislead in some material manner by the other spouse which if known to the spouse prior to the marriage would have caused this spouse not have entered into the marriage, there may be grounds to have the marriage annulled.
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