NEW YORK DIVORCE LAW
Under New York divorce law,
there is no such thing as a no fault divorce. Unlike in most other
states, New York won't grant a divorce based on incompatibility,
irreconcilable differences, or simply because the marriage has gone
stale. The only time when New York divorce law will allow "no fault"
divorce is when the parties have been separated pursuant to a
separation decree or a separation agreement for more than a year and
the party seeking the divorce has substantially complied with the
terms of the separation decree or the separation agreement.
There are six (6) grounds for divorce. The first four are based on the "fault" of one of the
parties. They are:
-
Cruel and inhuman treatment.
-
Abandonment for one or more years.
-
imprisonment for three or more years.
-
Adultery.
The last two grounds are not fault based, and they
are:
Will marital fault have impact on my rights to a
property settlement?
Generally, marital fault does not impact on the economic issues of
the divorce. However, there are exceptions, particularly when one
spouse is found to have wasted marital assets.
How quickly can I be divorced?
There is no way to predict with certainty how long it will take to
obtain a divorce. The time it takes to obtain a divorce differs from
case to case and is solely dependent upon the extent to which the
divorce and any of the related issues are contested.
If the divorce is not contested (that is, both spouses agree to the
divorce and have worked out all issues relating to the division of
marital assets, child custody and support), the divorce can be
processed by the Court and granted quite quickly.
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