Syracuse, NY -- (SBWIRE) -- 11/06/2017 -- Before 2010, in order to get a divorce in New York a spouse had to show that they and their spouse had officially separated or had to prove that the other spouse engaged in misconduct, which basically led to the end of the marriage. However, from August 2010 couples can now seek a 'no-fault' divorce in accordance with the no-fault divorce bill signed into law and as such New York provides for both fault and no-fault grounds for divorce. This article will discuss the meaning of fault and no-fault divorce as well as discuss grounds for divorce applicable in New York.
According to the Cornell Law University Legal Information Institute a no-fault divorce is defined as, "any divorce in which the spouse who wants to end the marriage is not required to accuse the other of wrongdoing, but can simply state that the couple no longer gets along. No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage." While New York provides for no-fault divorce, before a court grants a no-fault divorce it is required that the couple show that all of their divorce related issues have been resolved. Such issues include property division, spousal support, child support and custody. In order to prove that such issues have been resolved the couple can draw up a divorce settlement agreement or a court order can resolve these issues.
In respect of fault grounds for divorce, divorcing spouses must prove the following grounds:
* Cruel and inhuman treatment that makes it unsafe or improper for the couple to continue living together, that is physical or mental abuse
* Abandonment for at least one year
* Incarceration for at least three consecutive years after the marriage, or
* Adultery
A spokesperson and attorney from the DeRoberts Law Firm, practicing divorce attorneys in Syracuse NY, stated that, "it is important to note that if a spouse asks for a divorce based on any of the fault grounds, it becomes a requirement for that spouse to prove to a judge that the other spouse committed the misconduct. Therefore, if a spouse, for example, states that they want to divorce the other spouse because of adultery, the 'innocent' spouse will have to prove that the 'guilty' spouse strayed outside the marriage. And this may as a result require evidence found by a private investigator."
The attorney further advised that fault base divorces usually result in drawn out divorce battles, whereby parties to the divorce 'air their dirty laundry' in a public courthouse. Such divorces may take a heavy emotional toll on both parties to the divorce as well as any children of the marriage. Therefore, the attorney advised that spouses consider very carefully whether filing for a no-fault divorce is a better option than filing for a fault based divorce.
Spouses can also divorce based on separation; to qualify they must show the following, that:
* The couple lived apart after a court ordered judgement of separation for at least one year and the spouse seeking the divorce has provided proof that he or she performed the terms and conditions of the judgement, or
* The spouses have lived apart after a formal written agreement of separation for at least one year and the spouse seeking the divorce has provided satisfactory proof that he or she has performed all the terms and conditions of the agreement
Filing for any form of divorce can be complicated if you are not familiar with legal processes and paperwork. For assistance find divorce attorneys handling matters in family court in Syracuse NY.
About The DeRoberts Law Firm
The DeRoberts Law Firm is a law firm of renowned professionals who specialize in divorce and family law. For legal representation in family law in Syracuse NY choose the DeRoberts Law Firm.
Contact Information:
DeRoberts Law Firm
The Monroe Building
333 E. Onondaga Street, Suite 301 Syracuse, NY 13202
Phone: 315-479-6445
Fax: 315-295-2393
Website: http://syracuselawyer.com/