New York No Fault Divorce Grounds
It was previously the case that you needed to get divorced based on fault grounds, however, revolutionizing the public policy and the number of people who were seeking divorce on non-fault based grounds has drastically changed the way that you are eligible to pursue divorce cases.
Most people are going to file for no-fault based divorce, which means that for a minimum of six months, you and your spouse have experienced an irretrievable breakdown; meaning that you cannot repair the relationship. Unfortunately, divorce in New York was previously very expensive for anyone.
Fault based divorces including allegations of one spouse being at fault for committing adultery, abandoning.leaving the other person or meeting other grounds could take years to finish, and many people were spending thousands in order to get a divorce in New York. Knowing the assets involved and the importance of distribution of property, it makes it all the more important to hire the right lawyer.
However, as a New York no fault divorce lawyer can tell you today, this situation has changed. A New York no fault divorce attorney can help you file a divorce in a much more cost-effective and effective action overall. 2010 was the year that New York changed their laws to allow for no fault divorce and they were the final state in the country to do so. A no fault divorce lawyer in New York may still be required to help you with the filing of your case.
Many people are eligible to cut costs in no-fault divorce because no one must prove fault on the part of the other person. This has also eliminated the extended trials simply used to prove fault for divorce. It is now less costly and easier for spouses to file for no fault. Many people may still use the fault based divorce grounds, however, it is easier to pursue no fault. You are not required to show that the relationship is ending due to something that was the other person’s fault.
You simply must be able to prove that your marriage has already been irretrievably broken for a minimum of six months and one spouse has to say this while under oath. Fault based divorces may include allegations of adultery, living separately for at least one year after a judgement of separation has been entered, abandonment or cruel and inhuman treatment. However, there are several different kinds of divorces and varying ways get them in New York through no fault based grounds.
You need to know that you must meet the residency requirements in order to initiate a divorce petition. There are several different options to meet these, including showing that you were married in New York and that one spouse has been living in New York for a minimum of one year or that one spouse resided in New York for at least a year and that the divorce cause arose in New York, that you and your spouse lived in New York for at least two years, that you lived together in NY as a couple and one spouse has lived in NY for at least a year, or that each spouses is a New York resident and lived there when the divorce cause arose. There is no waiting period in order to file a divorce. When you do seek a divorce filing on a no-fault ground in New York, you will still have to arrive at conclusions about important divorce related issues such as legal fees, custody, child support division, division of debt, division of property, life and health insurance and spousal support and visitation.
New York is an equitable distribution state rather than a community property state, this means that the property will be divided in a fair fashion based on the judge's interpretation. Because there are so many factors that can influence the outcome of your case, you need to have an experienced lawyer who has worked with many divorce cases like this before to advise you about your rights.