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Understand the ways you can seek a divorce in New York

Divorces are generally created as "no-fault" divorces in today's world. These divorces can take place whether there has been a fault or not. That means that you can seek a divorce for nearly any reason, with the most common being a marriage that is irretrievably broken.

The breakdown of a marriage is not easy for anyone to deal with, even when it's in the best interests of those involved. The divorce process, even when agreed upon, can take months or years to complete. In New York, the irretrievable breakdown of a marriage has to continue for at least six months prior to filing for divorce.

Are there at-fault grounds for divorce in New York?

Yes, there are. Some include:

  • Cruel and inhuman treatment
  • Imprisonment
  • Divorce after a legal separation
  • Divorce after a judgment of separation
  • Adultery
  • Abandonment

To file under these faults, you will need to show proof. For example, if you are stating adultery took place, you need to show that adultery took place during your marriage. You need proof of some form, either from a third party witnessing the adultery or through photos, messages or other items.

Imprisonment, similarly, is a ground for divorce if a spouse has been in prison for at least three years simultaneously. The prison sentence must have begun following the marriage. Plaintiffs can use this fault while the spouse is still in prison or up to five years following the termination of the prison sentence, giving them time to create an exit plan from the marriage in the case that the spouse is released.

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