New York Law Requires a Reason to End a Marriage
It is not uncommon for a client to come to me seeking help to obtain a no-fault divorce. Unfortunately, under New York law, there is really no such thing. While it is possible to obtain a divorce that is uncontested, one party must always sue the other for grounds.
The most common grounds for divorce in New York is "cruel and inhumane treatment." Just what constitutes cruel and inhumane treatment is often a matter of interpretation. To the average person, cruel and inhumane treatment might mean physical abuse. In actuality, this could be anything from unreasonable financial constraints to simple lack of communication or a sudden, unexpected disconnect between the couple. In essence, any conduct that causes an emotional disturbance might constitute cruel and inhumane treatment.
Adultery is also grounds for divorce, however New York law requires you to prove adultery. It is generally not necessary to "prove" cruel and inhumane treatment beyond convincing a judge. In many cases in which adultery is the root cause of divorce, the best legal grounds for divorce is still cruel and inhumane treatment.
Other grounds for divorce in New York include alienation of affection, abandonment and insanity. If you are seeking guidance as to grounds for divorce that may apply in your case, an experienced Syracuse family law attorney can help.
The introduction of no-fault divorce rules is a topic that has been addressed in the New York legislature — and this and other matters of family law are likely to change in the future. This is one reason why it is so important to at least consult an experienced New York family law attorney to learn about your rights and options under present law.
My name is Laurin Haddad. I represent men and women in upstate New York seeking tough, dedicated representation and sound legal guidance throughout the divorce process. I can help you establish a separation agreement that lays a foundation for an efficient divorce process. I can stand up for your rights and fight to protect your interests in court, if necessary.
New York Family Law Attorney
Haddad Law Office also helps clients in upstate New York obtain divorce and resolve disputes regarding child custody, child support, visitation, spousal support and other family law matters. I invite you to call my office toll free at 866-986-4862 or contact me online to schedule an appointment with an experienced Syracuse divorce lawyer today.
Off site, evening and weekend appointments are available.
