New York’s divorce laws recognize seven different grounds for divorce. But, some are more commonly cited by divorcing couples than others. Here is a list of the most common grounds for divorce in New York:
Irretrievable Breakdown of the Marriage
“Irretrievable breakdown” has the most common ground for divorce in New York since it was introduced in October 2010. It allows couples to file for “no-fault” divorce, which can help them split assets more amicably. Issues of property, custody, visitation, and spousal or child support must be settled before this type of divorce can be granted.
Spouses who have lived separately and apart under the terms of a separation agreement for at least one year can seek to have their divorce made final under the terms of the agreement. However, you both must follow the agreement during the separation period.
Judgment of Separation
A judgment of separation works similarly to a separation agreement, except that it is issued by the court, rather than created by the spouses. If you and your spouse have lived separately under the terms of a judgment of separation for at least one year, you may ask the court to make the divorce final. Since a judgment of separation requires similar legal proof to a divorce, however, it may be easier to separate under a separation agreement. Your attorney can help you choose the method that is right for your situation.
Contact An Experienced Attorney
The experienced attorneys at the Law Offices of Paul A. Boronow, PC have helped many people navigate divorces. To learn more about how our experienced Long Island divorce law firm can help, contact us today for a confidential consultation. We can be reached at (516) 227-5353.