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News about Divorce Law in New York State
Articles on New York Divorce Law
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Sep 2017What to expect in a custody case
Sep 2017WHAT IS A CONFESSION OF JUDGMENT
Sep 2017What Does a Default Mean?
Aug 2017WHAT IF I CAN'T SERVE MY SPOUSE?
Aug 2017What is Jurisdiction?
Aug 2017What should I say to the Judge?
Aug 2017Can I appeal a Custody Order?
Jul 2017How do I get custody if my spouse and I live in different states and how do you determine Home State
May 2017WHAT IS A NEW YORK DIVORCE MOTION?
WHAT ARE GROUNDS FOR DIVORCE
April 22, 2017
What should I know before I see my divorce lawyer and what should I prepared to ask her or him?
The first thing that you should know is that in New York, when applying for a divorce, you are no longer required to claim that your spouse was somehow at fault in the divorce, or live separate and part for a year pursuant to a separation agreement. Absent egregious conduct, such as domestic abuse, which will be considered in any divorce case, no matter how it is filed, the Courts in my opinion would prefer not to hear about the affairs of your spouse, etc. any of those sort of complaints would only come to bear issues such as access and custody to the children, or marital waste. Rather the Court would prefer as a practical matter that you proceed by consenting to the grounds of the marriage as having been “irretrievably broken down for six months or more”.
That is not to say that there are no other grounds you can sue on if you are petitioning for a New York divorce. Curiously the DRL still allows you to file for adultery and cruel and inhumane treatment and on other more traditional grounds and it is your right to sue for divorce on those grounds if it bears upon the ultimate outcome of custody or marital waste in an extreme way.
Still grounds have little to no bearing on the ultimate distribution of assets or custody as the court will hear these details during this trial in anyh event, regardless of grounds, as one of several equitable considerations in deciding these issues so think twice before you waste your money litigating just grounds-when you have so many other issues to worry about.