Divorce in New York: Fault Laws

There are two types of divorce that are commonly available in most states. There is a “fault” divorce, whereby one party in the marriage has committed some offense against the other party or against the marital union, and where the party who has been aggrieved by this fault is thus requesting release from the marital union. There is also a “no-fault” divorce, where both parties essentially agree that the marriage is not working and that they wish to be relieved of their marital duties. If you are getting a divorce New York, there are four “fault” grounds for divorce under which one party can unilaterally request that divorce proceedings be granted.

Grounds for Fault in New York

One of the New York fault grounds for divorce is abandonment for one or more years.

If your spouse has left you and has not made contact with you or lived with you for a period of at least one year, you can get a divorce in New York by claiming this abandonment and proving that you have not been living with this person or in contact with them for a period of at least one year. By claiming this as a fault, you can request a unilateral divorce proceeding even if you cannot reach the other spouse to have them sign the document.

Another divorce New York fault ground is cruel and inhumane treatment.

This involves any type of abuse or maltreatment by your spouse, whether sexual, physical, mental, or emotional, as well as any type of maltreatment such as neglect or other abuse. By using the fault grounds of cruel and inhumane treatment in a divorce, you will be able to obtain a fault divorce that may entitle you to other payments or a faster divorce proceeding in the state of New York.

The last two grounds for a fault divorce New York has in place under their current divorce law are imprisonment for three or more years, and adultery.

Imprisonment for three or more years is quite simple to prove – if your spouse has been convicted of a crime and is sentenced to more than three years of prison, you will be able to get a divorce once the prison sentence has reached the three year mark. If you are trying to prove adultery, you may need to hire a private investigator or be able to prove by other means that your former spouse has committed adultery.

Getting Help

If you hope to get a divorce in New York, you should consult with an experienced divorce attorney as soon as possible. Your attorney can explain to you what grounds you should list as the reason for the divorce and can help you come to a divorce settlement agreement that is fair and that protects your interests.

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