Do You have Grounds to get Divorced

The bottom line is that most people have grounds to get a divorce when both parties are in agreement that a divorce should take place. The party that brings the action must set forth the grounds for divorce in the papers.

Grounds for Divorce in New York State:

• No Fault - Marrage is Irretrievably Broken.
• Cruel and Inhuman Treatment – Physical and/or verbal abuse that occurred in the last 5 years such that it rendered it unsafe and improper for a spouse to continue to cohabit with the other spouse.
• Abandonment – One spouse abandons the other for a period of one or more years by moving away from the home, refusing entry to the home, or refusing sexual relations.
• Three Years Imprisonment - Spouse has been in jail for three consecutive years.
• Adultery – Third Party Proof Required.
• Conversion - Have already lived separate and apart for one year pursuant to separation agreement that was duly recorded with the County Clerk or Judicial Order.

Do You have an Agreement

Typically most people seeking an uncontested divorce have negotiated a basic agreement with their spouse regarding Custody, Visitation, Child Support, Maintenance and the Division of Marital Assets and Marital Debts. So long as you have a basic verbal agreement with your spouse you may proceed with the uncontested divorce. A written agreement will be drafted in a manner that complies with your wishes and New York State Law.