[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][fusion_text]There are many reasons why a married couple might decide to call it quits. Financial disagreements, adultery, a lack of intimacy – with so many possible challenges, it’s no surprise that nearly half of all marriages end in divorce.
The National Fatherhood Initiative conducted a nationwide survey to identify the most common causes of divorce. The top reasons include:
- Lack of commitment;
- Unrelenting arguing;
- Marrying too young;
- Unrealistic expectations;
- Lack of equality; and
If you are planning to divorce your spouse in New York, it is important that you understand how these proceedings work. A small mistake or minor oversight could threaten your personal or financial interests.
This is where a family lawyer can help. Elliot Green of the Elliot Green Law Offices is a divorce attorney in Brooklyn who can evaluate your case, provide legal guidance, and compassionately represent your interests.
Call 718-260-8668 to schedule a free consultation. You can also visit USAttorneys.com to learn more about divorce laws in New York.
Read on for a brief overview of the seven grounds for divorce in the state of New York:
- Irretrievable Breakdown of the Relationship
Also known as a “No-Fault” divorce action, this ground for divorce indicates that a couple’s relationship has broken down to the extent that it cannot be repaired. In order to file for this type of divorce, you must:
- Swear under oath that the marriage has broken down irretrievably for a period of at least six months; and
- Work with your ex to resolve all economic-distribution issues related to property, maintenance, child support and custody, and legal counsel.
- Cruel and Inhuman Treatment
This ground amounts to more than just arguing or fighting. In order to file for divorce due to cruel and inhuman treatment, you will have to show that your mental or physical well-being is at risk if you stay in the relationship. To do this, you will have to show evidence to prove neglect and cruelty, which must have occurred within the past five years.
If your spouse left you for at least one year with no intention of returning, or kicked you out of the shared home, then you can file for divorce due to abandonment.
Has your spouse spent time in prison? If his or her sentence was three years or more, and he or she served that time at some point in the past five years, then you can file for divorce due to imprisonment.
Infidelity, for many people, is an instant deal-breaker. The law agrees that it should be, but your testimony alone may not be enough to prove that your spouse was unfaithful. Your divorce attorney may use witness testimonies or other evidence to prove adultery.
- Judgment of Separation
In order to file for divorce due to a judgment of separation, the court will have to issue you a Decree of Separation that you and your spouse will be bound to for at least one year. You will have to obey all terms of the judgment.
- Separation Agreement
This agreement outlines the terms of your separation. Both you and your spouse must agree to the terms and sign the agreement in front of a notary.
If you would like to speak with a Brooklyn family lawyer about getting divorced, contact the Elliot Green Law Offices. Mr. Green can handle the legal aspects of your divorce so you can focus on your personal well-being. Call 718-260-8668 today to schedule a free initial consultation.