Grounds For Divorce In Nys – A Long Island Divorce Lawyer Can Help You Understand the Basics of Divorce in New York State
Having tried to work out the relationship with your partner and considered the pros and cons of divorce and legal separation, you have decided to seek the services of a Long Island divorce attorney to end the relationship. You do not take this decision lightly, but you know that it is the best for you, your partner and your children (if any) and that you will all be happier and have a better life together.
Grounds For Divorce In Nys
If you haven’t seen a divorce attorney yet, you might think there are limitations on filing for divorce. As you review the specific circumstances of your relationship, you may wonder what is important to the court case and what is not. Fortunately for you and the thousands of Long Island couples who divorce each year, New York State allows couples to file for divorce for seven (7) different, all unique, reasons. What this means for you is that what works for your friend or cousin may not work for you and your relationship. Accordingly, you will find grounds for divorce that suit your personal circumstances below.
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By Long Island Divorce Attorney Robert E. Hornberger, Esq. in New York couples can get a divorce if one partner has subjected the other to cruel and inhumane treatment. These reasons include physical, emotional, or verbal abuse that endangers the physical or mental well-being of another person. If you feel you are in an abusive relationship and want to file a complaint in the divorce action, you must be aware of the five (5) year statute of limitations that applies in the example. This is easier than you might think, because all these statutes of limitations mean is that the cause of action, in this case abusive behavior, must have occurred within the last five (5) years for the case to be brought. If it has been five (5) years and one (1) day since your husband beat or humiliated you, you cannot file for divorce based on cruel and inhumane treatment.
No one wants to be in a relationship, let alone a marriage, with someone who has physically abandoned them. If the spouse has moved out of the place of marriage, or even locked you out of their home, you can allege abandonment in the divorce complaint, however, physical relocation is not the only set of circumstances that can qualify as abandonment. Constructive rejection occurs when your partner refuses to have sex with you. You and your partner may still be living together, but the marriage relationship as you know it no longer exists. However, all couples have bumps in the road and you and your partner can go a week or a month without sex or you or your partner can go to a friend’s or relative’s place for a month because you both need space. This does not qualify as abandonment; To assert this as a basis for divorce, leave must be at least one (1) year.
As unlikely as it may seem when you first get married, New York State prisons are full of inmates who are married while incarcerated. Consider the following scenario:
You and your husband are happily married and then your husband robs a bank and is sentenced to ten (10) years in prison. Or, your spouse is convicted of embezzlement from a company or other white-collar crime.
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In the beginning, you vow to overcome the inevitable difficulties and make your relationship stronger than when your partner was released. While that sounds great, we all know life happens and it’s not always as easy as we think. Four (4) years into your husband’s ten (10) year sentence, you are starting to change and you don’t want to remarry someone who will definitely be a different person when you see him outside the prison walls. in ten (10) years. You wonder what other options you have than staying in a marriage you’re not happy with.
Well, if you have thought this through and seek the services of a Long Island divorce lawyer, it may be of interest to you who was arrested by the accused spouse for three (3) or more consecutive years during the marriage as a reason for divorce. in New York State. You don’t have to make this decision right away; if the first three (3) consecutive years have passed, you can file for divorce at any time while your husband is in prison, even up to five (5) years after his release.
Adultery – the typical scarlet letter that jumps to the front of everyone’s mind when people talk about divorce. However, this is not always the reason for a couple to get a divorce and actually, it is the hardest ground to base a divorce upon. In order to be granted a divorce based on adultery, the plaintiff spouse must be able to prove that the defendant spouse committed adultery during the marriage. Is this too difficult to establish you ask? Well, simply put, you need proof from a third party, who will be your husband’s partner, in case of adultery. It is very rare that this person will be willing to take the stand in the divorce proceedings and testify about the action.
Husband and Wife Have Lived Separately and Separated for At Least One (1) Year Pursuant to a Written Separation Agreement or Separation Decree (Conversion Divorce)
Divorce Doesn’t Have To Be Bitter
Getting a Conversion Divorce is the closest thing to a No-Fault divorce in New York State before using the Irretrievable Breakdown grounds. Couples will sign a Legal Separation agreement, wait at least one (1) year, and then submit papers to the court to obtain a final Divorce Decree. Today, this situation is becoming less common. However, if you have a separation agreement that has been in effect for at least one (1) year and you and your spouse have been living separately and apart at the same time, you should talk to a Long Island divorce attorney about Divorce Conversion. . To obtain a conversion divorce, you are not required to allege any basic fault basis for the divorce; Divorce is based only on the separation agreement itself.
Long after most states have adopted No-Fault divorce statutes, New York still requires one spouse to plead guilty to the other in order to proceed with the divorce (case there is no conversion divorce as described above). However, in 2010, New York became a no-fault divorce state. For couples who don’t want to blame each other, this has become the most popular reason for divorce. A complaint for divorce in this example does not need to say who did what or who did not do what. All that needs to be said is that the marital relationship has been damaged beyond repair for at least six (6) months.
Now that you have been briefed on the various grounds for divorce in New York State, you will be better prepared for your initial meeting with a Long Island divorce attorney.
For more information on divorce, visit this page: Divorce Lawyers Answer Questions About Long Island Divorce. If, now that you have read about the various grounds for divorce in New York State, you will be better prepared for your initial meeting with a Long Island divorce attorney. The experienced and dozens of divorce lawyers at Robert E. Hornberger, Esq., PC have used all the different legal grounds for divorce to help Long Island couples end their marriages and move on with their lives. In addition to the various reasons for divorce, there are several different methodologies, including divorce court, divorce mediation, collaborative divorce, no-fault divorce, contested and uncontested divorce that may not be appropriate for your unique relationship and situation. Call us at 631-923-1910 for a free divorce consultation where we will discuss your unique situation and the options available to you.
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Your attorney will explain the many options available to you and determine which solution is right for you. By the end of this conversation, we will all know how best to help you move forward.
There is no charge or obligation for this initial consultation. It’s just an opportunity for us to get to know each other, answer questions and learn that Hornberger Verbitsky, P.C. it is really the right law for you. Call us at 631-923-1910 or fill out the short form below for a free consultation and case evaluation.
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