Divorce in New York: What You Should Know About Filing for Divorce

What are Some Reasons Spouses Get A Divorce?

Spouses may get a divorce for a number of reasons.  Most of these reasons are very personal.  A lot of the time, this is a last resort and even a last ditch effort to reserve any amicability in order to co-parent and raise children born from the marriage.  In New York, you should have grounds for divorce.  These can include any of the following:

  1. Living Separate and Apart. When spouses live separate and apart for at least one year, under a written separation agreement, they can file for divorce.
  2. Cruel, inhuman treatment. A spouse who believes that he or she is being subject to couple may cruel, inhuman treatment may have grounds for divorce.
  3. Abandonment.  A spouse has been abandoned by the other spouse, this can be ground for divorce.
  4. Adultery.  An affair that occurs during a marriage can be grounds for a divorce.

What Happens if my Spouse Won’t Agree to a Divorce?

If spouses cannot agree to a divorce or terms of a divorce, this would be considered a contested divorce.  While couples may have many unresolved issues, only one issue should be outstanding at the time of the divorce.  Such unresolved issues may be child support, child custody, alimony, and division of assets/debts.

Both Me and My Spouse Agree to the Divorce, What Happens Now?

This would be considered an uncontested divorce.  In most cases, the parties are amicable and the divorce process can go forward without too many bumps.  The divorcing couple is usually in agreement with any issues or they are able to resolve them without much of a problem.  Some issues they may be in agreement with are, child custody/support, alimony, and any division of assets.

If you are considering divorce, contact an experienced family law attorney to help you.

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.