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Understanding the Grounds for No Fault Divorce

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 consultation.

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.

Why You Should Choose Our Law Firm

  • Experience & Perspective

    65+ years of combined experience, including criminal prosecution

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    Co-authored national bestsellers on DWI and criminal defense

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