New York divorce petitioners must fulfill all prerequisites for these proceeding before filing. At least one of the spouses must live inside the state of New York for the state to take jurisdiction. They must live in the state for no less than one year. Divorce Attorneys in Smithtown NY help these petitioner navigate through the process after these prerequisites are fulfilled.
No-Fault Divorce Grounds
Irretrievable breakdown is the only no-fault based grounds for New York divorces. These grounds may provide an uncontested divorce since evidence isn’t required. The spouses must agree on marital property division and child custody, if applicable. Divorced Attorneys in Smithtown NY help these couples identify a clear agreement that reduces the waiting period for the divorce.
Fault-Based Ground Accepted in NY
Cruel or inhuman treatment indicates that the defendant was abusing the petitioner. It could also identify evidence of wrongful imprisonment or acts of domestic violence. To prove these grounds, the petitioner needs physical evidence of abuse, police reports of the abuse, and in some cases a protection order.
Adultery is the most common fault-based grounds. The petitioner cannot use these grounds if the infidelity occurred five years prior filing for divorce. The petitioner must secure evidence that shows a sexual relationship between their spouse and another individual.
Abandon is proven if the spouse left or forced their spouse to move out of the marital home. This ground is also used if the petitioner doesn’t know the whereabouts of their spouse. Most cases require the separation or abandonment to last at least three years before filing the divorce petition. Divorce Attorney can help petitioners achieve a divorce in their spouse’s absence.
Reviewing a Legal Separation
A legal separation is granted if the spouses no longer live together or maintain a sexual relationship. This separation will last up to one year only. This gives the couple enough time to determine if they want a divorce.
New York divorces require petitioners to fulfill the prerequisites of the guidelines. This includes fulfilling the residency and separation requirements before filing. Petitioners who are ready to file a motion should contact DWI Attorney at Law Office of Mitchell M. Shapiro now.