Is no-fault divorce an option in New York?

On Behalf of | Apr 13, 2016 | Divorce

Some marriages end because of a singular event. Others end slowly and erode away over time. In New York, there seven bases on which couples may focus their divorce petitions, one of which is no-fault divorce.

No-fault divorce involves the irretrievable breakdown of a relationship. In order to claim this basis for divorce, the filer must show that the irretrievable breakdown lasted for at least six months prior to the divorce filing. The other six grounds for divorce are based on fault.

A divorce may be based on the cruel and inhumane treatment of one spouse by the other. The victimized spouse in a situation like this has the right to file for divorce. Similarly, an individual may file for divorce, if he or she is abandoned by his or her legal partner.

In New York, a person may divorce his or her spouse if that spouse is incarcerated. Divorce attorneys practicing throughout the state can provide their clients with more information on how long a person must be incarcerated before this divorce ground may be utilized.

As with many matters related to divorce, the assessment of whether a particular ground will fit with a particular case will depend on its facts. Readers are reminded that this post is provided only for informational purposes.

Finally, New York divorces may follow legal separations. A legal separation may be based on a separation agreement created by the parties or by a judgement or order offered by a court. While only the irretrievable breakdown of a relationship is considered a no-fault ground for divorce in New York, six other grounds for divorce exist that may better serve the factual scenarios of readers’ lives. Divorce attorneys can help individuals determine the best ways for them to approach the divorce process.