Petitioning the courts for a divorce is a nerve-racking process. The spouse filing has to propose specific terms for property division and other details of the divorce. They also need to establish that there are appropriate grounds for divorce proceedings.
New York currently allows people to file both no-fault and fault-based divorces. In some cases, spouses separate legally for some time before proceeding with a divorce. Both informal and judicial separation can provide grounds for a divorce.
Unless there is already a lengthy separation on record, spouses generally need to identify the grounds on which they base their petition for divorce.
What are the legal justifications for a divorce filing?
A large percentage of divorce filings are no-fault cases. One spouse claims that there has been an irretrievable breakdown of the relationship. The breakdown of the relationship generally has to have lasted for at least six months.
New York also recognizes four grounds for fault-based divorces. Many people are aware that abuse may justify a divorce. People can also request divorce on the basis of adultery. Imprisonment lasting three or more years during the marriage can be grounds for divorce. Finally, abandonment lasting a year or longer can be grounds for divorce. Abandonment may involve leaving the marital home or denying all forms of marital intimacy.
Understanding the justifications for divorce can help people contemplating a filing. No-fault divorces are often faster, but fault-based divorces may be necessary for people in certain circumstances. Spouses who know the law can make an informed decision about how and when they file for divorce.