No Fault Divorce in Westchester County, NY
Westchester County Divorce Attorney Explains
As of October, 2010 a divorce will be allowed if the marriage is irretrievably
broken for a period of six months, provided one party states so under
oath. This has come to be known as the "No-Fault" ground for
divorce because the very nature of the ground for divorce does not place
specific blame on either spouse.
Grounds for Divorce in New York
Notwithstanding that New York is a "No-Fault" state, the laws
in the state nevertheless provide for other grounds for divorce which,
if contested by the non-filing spouse, have to be proven at a trial. They
are as follows:
- Cruel and Inhuman Treatment: physical or mental cruelty or abuse.
- Abandonment: your spouse has physically left you or has moved out without
justification or intent to return. This must have been occurring for one
year prior to filing for divorce. Abandonment may also be grounds for
divorce if it is constructive, meaning your spouse refused to have sexual
relations for at least one year prior to your filing for divorce.
- Adultery: these grounds will be denied if you had relations with your spouse
after learning of the affair.
- Separation Agreement: working out a legal separation agreement and living
separate for one year following your separation agreement will enable
you to file for divorce.
- Imprisonment: if your spouse is imprisoned for 3 or more years prior to
your filing for divorce, this is legal grounds for a divorce.
We offer a Free Initial Legal Consultation for all Divorce Matters
As part of our commitment to providing excellent legal representation to
all of our clients, whether they are a new client, existing client or
returning client, our Westchester County divorce lawyers provide FREE
INITIAL LEGAL CONSULTATIONS.
Contact our law firm for more information about how our experienced White
Plains divorce lawyers can help you with your divorce matter. Contact
us online or by telephone at (914) 840-5104.