In New York divorce cases, it is necessary for all petitioners to prove that they were residence of the state for at least six months. Next they must determine which grounds identified by the state apply to their circumstances. The state of New York identified up to seven possible grounds for divorce cases. The following is a brief breakdown for some of these grounds to help you with your divorce case.
The Grounds for Divorce
The most common grounds for a divorce is irretrievable breakdown. This ground implies that you lived apart from your spouse for at least six months. While this is the ground implies an uncontested divorce, the state cannot finalize the divorce until both parties agree on all terms outlined in the documents.
Abandonment by Your Spouse
This ground indicates that your spouse has been absent for at least one year. This could indicate that you were asked to leave your marital home or your spouse left without the intent to retain the marriage. In these cases, you must prove that your spouse hasn’t contacted you or made any attempts to restore your marriage.
When Your Spouse is In Prison
You can use this ground if your spouse is imprisoned for at least three years. However, you must file for an Uncontested Divorce in Suffolk County NY before he or she is released. Any time frames beyond five years after their release can forfeit your right to use this ground.
When You’re Abused
Spousal abuse is classified under the inhuman treatment ground. It indicates that he or she mentally or physically abused you during the marriage. It implies that you fear that remaining in the marriage imposes a threat to your life. You have a five-year statute of limitation for using this ground.
Divorce cases require you to identify the grounds immediately. The state of New York does identify fault-based grounds. However, if your spouse fights against these implications, it is not likely that you could acquire an Uncontested Divorce in Suffolk County NY. If you’re ready to file for divorce, contact your preferred attorney today.
Contact The Law offices of Mitchell M. Shapiro PC for more information.
