The New York State divorce laws only allow a couple to get a no-fault divorce if they have been separated for a period of one year or more. However, that may be changing in the near future. In June 2010, the State Assembly approved a bill that will allow people to cite “irreconcilable differences” to obtain a no-fault divorce. This legislation is now awaiting approval from the governor.
Grounds for Divorce in New York State
The New York State divorce laws currently require the divorcing couples to cite one of the following as grounds for divorce:
- Terms of Abandonment—One party has left the marriage for at least a year without good reason. Constructive abandonment may be alleged if one spouse has refused to engage in sexual relations for at least a year.
- Adultery—This is often difficult to prove because it requires evidence from a third party that one spouse engaged in sexual relations with someone else during the marriage.
- Cruel and Inhuman Treatment—Any physical, emotional or verbal abuse that endangers the physical or mental well-being of one spouse. The abuse must be so severe that it is unsafe for the party to live with their abuser. The judge will want specific examples of this, and not just that you didn’t get along with each other.
- Three Years Imprisonment—When one spouse has been incarcerated for a period of three or more years consecutively, you can get a divorce while the spouse is still in jail.
- Separation Agreement or Legal Separation—The couple must have an agreement to live apart for one year or have obtained a legal separation from the family court.
Citing Fault is Outdated
With current divorce rates still hovering around the 50% mark in the U.S., it seems rather mean and archaic for one party to be required to make allegations against the other, especially if they are untrue. Researchers have found that the incidence of domestic violence has decreased in states that adopted no-fault divorce laws. Abused spouses could more easily obtain a divorce and escape their abusers. The current laws in New York result in longer divorces when people are unable to file on any of the grounds alleging fault. Couples who wish to obtain a no-fault divorce must agree to live separate for at least a year. If the proposed legislation gets approved, the waiting period will decrease from one year to three months for those with a formal separation agreement.
When to Hire a Family Law Attorney
Going through the divorce process in New York can be a long and difficult ordeal. Even when one party alleges fault against the other, this can be contested which will drag out the process even further. An unemployed wife may wish to obtain a divorce, but lacks grounds. Her spouse may try to negotiate a smaller settlement in exchange for consenting to the divorce. The divorce laws can be very complicated and require legal expertise. An experienced family law attorney will be able to examine your case and give you advice on how to proceed.
