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A divorce is the legal dissolution of
a valid marriage. A divorce gives each spouse the legal right to
marry someone else. Additionally, a woman who took her husband's
last name will be able to resume her maiden name. A divorce also
involves a distribution of the couple's assets
and debts, as well as a determination of issues pertaining to the
care and custody
of and visitation with minor, unemancipated children
of the marriage, child support and spousal
support. If domestic violence is a problem in the marriage,
you may seek an order of protection.
New York requires that a spouse seeking to legally dissolve his/her her marriage prove marital misconduct or "fault" by the other spouse. Therefore, to get a divorce in New York, unless the parties agree to an uncontested divorce, the spouse seeking a divorce must establish at least one legal ground for dissolving the marriage.
There are four clear, legally recognized "fault" grounds for divorce in New York. These are:
- Cruel and inhuman treatment
- Abandonment
- Adultery
- Imprisonment
In addition to these four grounds, there are two others, generally referred to as "conversion" grounds:
- Conversion of a separation judgment
- Conversion of a separation agreement
Once you have decided to seek a divorce, or have been served with
a divorce complaint by your spouse, it is very important that you
seek the counsel of an experienced family law attorney. During the
initial consultation, a knowledgeable family law attorney will,
among other things, determine whether you have the requisite grounds
for divorce. If you are the defendant or potential defendant
in a pending or yet-to-be filed divorce action, the attorney will
also evaluate potential defenses to the divorce
action.
Call our office, toll-free, at 1 (866) 99 TRUST and make an appointment for a free, no-obligation initial consultation.
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