Unfortunately, many individuals find themselves in a situation where their spouse is asking for a divorce, but they themselves would rather remain married. Despite one party not wanting the divorce, it is still inevitably going to occur. You may be asking yourself why? How can my spouse force me to get divorced if I do not agree?
Grounds for Divorce
In New York you must show certain legally acceptable reasons for divorce. That reason may not be entirely complicated, however, as one of the reasons is merely showing that the relationship with your spouse has broken down irretrievably for a period of six months. This is commonly known as a “no fault divorce.” This claim can be made by either party and is relatively easy to prove. In this case, all the issues of equitable distribution of the assets and liabilities along with child custody, spousal support and child support must be settled before a court grants a divorce. This is the most common ground for divorce in NY state.
Other grounds may be as follows:
Cruel and inhumane treatment - where one spouse has suffered mental and/or physical abuse at the hands of the other spouse and their safety is a concern if they continue to live with this abusive spouse.
Abandonment – where your spouse abandons you for at least one (1) year.
Imprisonment – where your spouse is in prison for three (3) or more years in a row.
Adultery – where your spouse committed adultery during the marriage.
Divorce after legal separation – where both spouses sign and file a valid separation agreement and live apart for one year.
Divorce after judgment of separation – where a married couple live apart for one (1) year after the court draws up a judgement of separation.
All of the above are legally acceptable reasons for divorce but all have the same inevitable result.
Looking Ahead
Stay tuned as we delve deeper into the legal processes surrounding divorce in New York and Westchester country, and be sure to check out and share our other blog posts!
