Divorce is the only legal method to end a marriage. Marital partners get divorced after litigation or in a friendly way using a marital settlement agreement. Divorce can be tough, and you must go through court hearings and proceedings. Although the court will issue the divorce to dissolve, the marital relation participation of both parties is intended. People get divorced for various reasons, but their actions entirely depend on the reasons. Here are a few things you need to know about divorce law if you plan to get a divorce.
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What are the main reasons for divorce?
Living in New York City, you can take a no-fault divorce. As per the divorce law in NYC, people can get a divorce without blaming their spouse for the marriage failure. Here are two main validations for the no-fault divorce in NYC:
Marriage failure within six months
In this case, both parties have to agree that their marriage broke down irretrievably within six months of the marriage.
Living separately for one or more years
If you are the one who raised the divorce matter, then you have to present evidence proving you and your marital partner lived apart for more than one year. A divorce lawyer can help you get a separation agreement, and you can get a legal separation agreement from the court. The documents should be aligned with the proposed terms of the separation accord.
Nevertheless, if you have been married for less than six months, you cannot acquire a no-fault divorce. In this case, you can apply for a fault divorce, but the criteria for that should be your spouse’s malicious and ruthless treatment.
For Fault Divorce NYC Divorce Law Considers the Followings
You can get a divorce in NYC because of the fault of your spouse. But it would help if you considered the following, which validates a faulty divorce, including
Desertion for one year or more
Abandonment might appear in the following ways, as mentioned in the divorce law NYC:
Abandoning the marriage literally: In this case, the spouse abandons marital residence without any reason for more than one year
Restriction: The spouse restricts you in the marriage for more than one year and limits your rights.
Constructive rejection: The spouse may abstain from establishing sexual relations for one year or more.
Unacceptably ruthless treatment: Spouses abuse you mentally and physically, which is characterized as domestic violence. You will need a divorce lawyer Queens to create multiple cases against your spouse aside from divorce.
Infidelity: In the history of divorce, this might be the most infamous reason. According to the divorce law, if your spouse establishes a sexual relationship outside the marriage, then either you can forgive your spouse’s infidelity or ask for a divorce.
Divorce Actions You Can Take To End the Marriage
The fastest and most affordable type of divorce has to be the uncontested divorce, but NYC divorce law permits you to take the following actions:
Consensual divorce: when you and your estranged partner agree to get a divorce following all the terms of the divorce
Default divorce: You will get a divorce if your spouse does not appear in court for the divorce proceedings.
You can get a divorce using other methods. In addition, if you do not know your wife’s whereabouts, the court grants you the right to publish legal notice of your divorce action.