Faultlines: Considering Grounds for Divorce in New York
People have reasons for getting married and reasons for getting divorced. The only two people who really know why a marriage broke down are the two people trying to end it—and sometimes it is still not clear. But whatever the reason, you require legal grounds to obtain a divorce in New York.
A great deal of publicity surrounded enactment of a no-fault ground for divorce in New York in October 2010. Simply titled irretrievable breakdown, this ground requires one spouse to swear the marriage has been irreparably broken down for at least six months and all issues involving child custody, support, and equitable distribution have been resolved.
While no-fault grounds pave the way for a less contentious and expensive divorce, no-fault may not be right for every case. As much as every person wants an amicable divorce, many times it is just not possible. Many of my clients face difficult divorce and financial circumstances through the very real fault of their spouses.
Most divorce cases settle out of court. Being able to prove a fault-ground improves your chances to get what you seek in your divorce settlement. If you wonder which approach is right for you, get good legal advice about grounds for your divorce.