Rochester divorce attorneys are bound by the New York state laws regarding divorce. Currently, there are a total of seven grounds for divorce in New York. Six of New York’s grounds for divorce are considered “at-fault” meaning that one partner has done something that directly caused the breakdown of their marriage.
Most recently, New York became the last state to legalize “no-fault” divorces on the grounds of “irretrievable breakdown.” In these cases, there’s no need to prove that you or your spouse was at fault or did something wrong that led to the end of your marriage. Simply put, your marriage must have been irreparable for a minimum of six months. After which, all of the major details of your divorce must have been agreed upon before the courts grant you a divorce.
Regardless of the grounds of your divorce, a local Rochester divorce attorney can help you come to a settlement. Here’s what you need to know about at-fault divorce grounds:
Cruel and Inhuman Treatment – If you or your family have been subjected to emotional or physical abuse at the hands of your spouse in the last five years, you may file for divorce on these grounds.
Imprisonment – If your spouse has been imprisoned for at minimum three years (consecutive) during your marriage, then you may file for divorce.
Abandonment – In cases when a spouse has refused sex or physically abandoned the home for at least a year, you can file for divorce on these grounds.
Separation Agreement – You may file for a separation agreement with your partner that outlines your plans for separation for at least one year. If your partner cannot sign the contract or does not agree with it, you will have to file for divorce on different grounds.
Judgment of Separation – A court may grant spouses a judgment of separation that allows couples to separate. They must follow the terms of the judgment and file for divorce after one year.
Adultery – If your partner has committed adultery and you have evidence or admission of the adultery, then you may file for divorce on these grounds.