Divorce is relatively common. Divorce rates fluctuate based on a variety of factors, making it difficult to predict how much risk there could be. Many people who get divorced never imagined the end of their marriage previously. They may have very little information about the divorce process.
Oftentimes, what people learn about divorce comes from popular media rather than reliable legal sources. The information they may learn could be outdated or could be from an entirely different jurisdiction. Every state has unique regulations related to divorce proceedings.
Spouses contemplating divorce in New York have to file a petition with the family courts. In their paperwork, they have to indicate the grounds that provide the basis for their divorce filing. What are the grounds for divorce that New York recognizes?
Fault-based grounds
The decision to divorce is often a response to inappropriate conduct on the part of one’s spouse. The other no longer feels safe in the marriage and decides to legally end the relationship. New York still acknowledges fault-based divorces in specific circumstances.
The fault-based grounds for divorce include cruel and inhuman treatment within the last five years, abandonment, imprisonment of one spouse for three years or longer and adultery. The spouse petitioning for a fault-based divorce typically needs evidence supporting their claims of specific qualifying circumstances.
No-fault grounds
The vast majority of divorces involve no-fault filings. The spouse seeking the end of the marital relationship does not demand that the courts acknowledge any sort of misconduct on the part of the other spouse. Instead, they simply ask for the courts to acknowledge that the marital relationship is no longer sustainable.
Many people pursue no-fault divorces based on claims of irreconcilable differences. They assert that there have been challenges that caused a breakdown of the marital relationship and that there is no reasonable likelihood of the marriage surviving the current issues it faces.
People can also pursue divorce based on separation. Spouses who negotiate a separation agreement could file for divorce after living apart for at least a year.
For many people, fault-based divorces may seem like a way to seek vindication, but they may actually just be a way to increase the cost and conflict involved in the divorce. Pursuing a no-fault divorce or possibly even an uncontested divorce by negotiating terms with a spouse outside of court can be a viable option for many people.
Even those who might qualify for a fault-based divorce may decide that a no-fault filing is the best solution to their current struggles. Reviewing what has led to the decision to divorce with a skilled legal team can help a struggling spouse decide whether a no-fault divorce might be the best option for them.
