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Cruel and inhuman treatment.
If, in the course of your marriage, your spouse has subjected you to physical or mental cruelty that is serious enough to endanger your physical and mental well being as well as make it unsafe or improper for you to continue living with your spouse, you may be able to assert cruel and inhuman treatment as a ground for divorce. Unless your spouse consents, the court will determine whether the conduct you describe constitutes cruel and inhuman treatment. In making this determination, the court will consider several factors, including among others, the frequency, type and severity of the conduct complained of and the length of the marriage.
A knowledgeable family law attorney can assist you in marshaling and presenting legally sufficient proof of the proper ground or grounds for divorce applicable to your case or, if you are the defendant, to defend against your spouse's claims.
Call our office, toll-free, at 1 (866) 99 TRUST and make an appointment for a free, no-obligation initial consultation.
Abandonment.
If your spouse has voluntarily left the marital home with no intention of returning and without justification or your consent (physical abandonment), or, even though still living in the marital home, your spouse has, unjustifiably, refused to have sexual contact with you (constructive abandonment), you may be able to assert abandonment as a ground for divorce.
Unless your spouse consents, the court will determine whether your spouse has, in fact, abandoned you. In making this determination, the court will consider several factors, including among others, whether or not your own conduct contributed to the abandonment.
A knowledgeable family law attorney can assist you in marshaling and presenting legally sufficient proof of the proper ground or grounds for divorce applicable to your case or, if you are the defendant, to defend against your spouse's claims.
Call our office, toll-free, at 1 (866) 99 TRUST and make an appointment for a free, no-obligation initial consultation.
Adultery.
If your spouse has voluntarily engaged in sexual contact with a person other than yourself during your marriage, you may be able to assert adultery as a ground for divorce. Adultery is seldom used as the sole ground in a divorce proceeding because of the difficulty of proof, but, where appropriate, it can be used in combination with the ground of cruel and inhuman treatment. Additionally, there are a number of defenses against adultery that are recognized by the statute that governs divorce in New York.
A knowledgeable family law attorney can assist you in marshaling and presenting legally sufficient proof of the proper ground or grounds for divorce applicable to your case or, if you are the defendant, to defend against your spouse's claims.
Call our office, toll-free, at 1 (866) 99 TRUST and make an appointment for a free, no-obligation initial consultation.
Imprisonment.
If your spouse has been imprisoned for at least three years after your marriage, you may be able to assert imprisonment as a ground for divorce.
A knowledgeable family law attorney can assist you in marshaling and presenting legally sufficient proof of the proper ground or grounds for divorce applicable to your case or, if you are the defendant, to defend against your spouse's claims.
Call our office, toll-free, at 1 (866) 99 TRUST and make an appointment for a free, no-obligation initial consultation.
Conversion of a separation judgment.
If you have lived apart from your spouse for at least one year pursuant to a separation judgment and have substantially complied with the terms and conditions of the judgment, you may be able to convert the separation judgment into a judgment of divorce. Note, though, that, although the spouse seeking the conversion judgment of divorce does not need to prove marital misconduct or "fault" in the divorce action, the judgment of separation, upon which the divorce action is predicated, can be obtained only upon proof of marital misconduct.
Whether you are contemplating obtaining a decree or judgment of separation or converting one into a divorce judgment, a knowledgeable family law attorney can assist you in marshaling and presenting legally sufficient proof of the proper ground or grounds applicable to your case or, if you are the defendant, to defend against your spouse's claims.
Call our office, toll-free, at 1 (866) 99 TRUST and make an appointment for a free, no-obligation initial consultation.
Conversion of a separation agreement.
If you have lived apart from your spouse for at least one year pursuant to a written separation agreement and have substantially complied with the terms and conditions of the agreement, you may be able to convert the separation agreement into a judgment of divorce. Note, though, a written separation agreement allows the parties to opt out of the New York equitable distribution statute by agreeing on how they wish to divide marital assets and debts. In addition, the separation agreement may contain provisions for the custody and support of minor children of the marriage. Even if you later change your minds about some or all of the terms of a separation agreement, the agreement will be enforced if the court determines that it was fair and reasonable at the time it was made and is not unconscionable at the time of entry of final a judgment of divorce. Therefore, if you are contemplating or working on a separation agreement, it is advisable that you retain and work with a knowledgeable family law attorney who will ensure that your rights are adequately protected.
Whether you are contemplating entering into a separation agreement or converting one into a divorce judgment, a knowledgeable family law attorney can assist you in marshaling and presenting legally sufficient proof of the proper ground or grounds applicable to your case or, if you are the defendant, to defend against your spouse's claims.
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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