The Virdone Law Firm, P.C. Articles Grounds for Divorce in New York Now No Longer Necessary

Grounds for Divorce in New York Now No Longer Necessary

By Seidner & Virdone  Apr. 25, 2011 4:25p

Before August 15th 2010, one had to have grounds for divorce and these can be found in "Domestic Relations Law Section 170." Other states throughout the U.S. have adopted "no-fault divorce" and a couple has merely to agree that the relationship is no longer workable, and they can file for divorce. In New York, as of December 14th, 2010, couples can now file for divorce based on "irreconcilable differences." Prior to this, they had to have grounds.

What are the grounds?
  • If a partner is guilty of cruel or inhumane treatment and his or her actions endanger the other either physically or mentally rendering it unsafe or improper for the victim to remain in the relationship. If a partner abandons the other for a period of one year or more.

  • If a partner is confined in prison for a period of three or more consecutive years after the marriage began.

  • If the defendant commits adultery (which is defined as the action of having sexual intercourse voluntarily performed by the defendant with another after marriage)

  • Living apart after initiating a separation agreement (decree or judgment) for a period of at least one year and proof has been submitted by the plaintiff that he or she has satisfactorily performed all of the terms and conditions in the official agreement.

  • That the relationship between the two spouses has broken down beyond the point of repair for at least six months and providing that one spouse states so under oath.

Consult With an Experienced Attorney

If you are considering divorce in Nassau County, it would be in your best interests to get help from a Nassau County family law attorney to ensure the divorce is done properly and according to the law. Any divorce involves very concise details and these are not presented properly, the divorce can fail. At Seidner & Virdone, Attorneys at Law, we can help. Whether you have grounds for divorce or not, we can help ensure that your best interests are protected in every aspect of the divorce. 

Contact a Nassau County divorce lawyer in our office to set up a free consultation and we will go over the details of your situation and answer any questions you may have.

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