Does New York allow for divorce based on irreconcilable differences?
No. New York has these grounds for divorce: cruel and inhuman treatment, abandonment, imprisonment, adultery, and living apart under a legal separation agreement.
What is cruel and inhuman treatment?
Your spouse behaves toward you so abusively that the conduct makes it unsafe and improper to continue living with him or her.
What is abandonment?
Your spouse left you for good at least a year ago.
What about imprisonment?
Your spouse has been in prison for three years straight.
What is adultery?
Your spouse had sexual relations with someone else without your consent.
How do I get a divorce based on a separation agreement?
You live apart for one year after signing the agreement and during that time you do what you agreed to do in that contract.
Where do I start a divorce action?
In Supreme Court in the county where you or your spouse live.
What happens to our property?
If you and your spouse cannot agree, the judge will decide how to equitably divide the marital property you accumulated during the marriage.
What is marital property?
It includes property you and your spouse obtained from the date you got married until the divorce case started. It does not include one spouse’s gift or inheritance or personal injury award.
Can I go back to my maiden name after the divorce?
Yes, but you have to ask for that in your court papers.
Do I need an attorney to obtain a divorce?
No, but the procedures can be complicated, and if any issues will be contested or you have a lot of marital property, you probably will want to consult an attorney who has experience handling divorce matters to ensure that your rights are protected. |
