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New York Divorce Law: Grounds for Divorce

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New York Divorce Law
What are the grounds for divorce in New York?

If you are a resident of the state of New York, the grounds in New York divorce law are:

1) cruel and inhuman treatment;
2) abandonment for one or more years;
3) imprisonment for three or more consecutive years;
4) adultery (which can include "deviant sexual intercourse").
5) the spouses have lived apart for one year, under either a separation agreement or a separation decree granted by a court.

As of October 14, 2010, there is a new ground for divorce:

6) a claim, made under oath by either the husband or wife, that the marriage has been irretrievably broken for at least six months

All divorces that commenced prior to October 14, 2010 must be based on only the first five grounds. Divorces on or after October 14, 2010 can refer to the sixth ground (i.e. "no fault divorce")

Annulment

In New York divorce law, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment is much more difficult to prove -- and is much rarer -- than divorce. If you want to go this route, you will definitely need to speak to an attorney. Of course, if you want an annulment for religious reasons, you'll need to consult with your priest, minister, or rabbi as well.

Documentation

You'll need to provide your divorce lawyer with the following documentation in order to proceed with your dissolution. Start gathering everything together as soon as possible so that you can find out what might be missing and submit any requests for duplicates.

Interim Maintenance (a.k.a. Pendente Lite or Temporary Maintenance)

As of December 15, 2010 , “interim maintenance” is required when either a husband or wife’s income is less than 66% of the other. Unless deemed to be “unjust or inappropriate,” the courts must award “presumptive amount” based on a formula that takes into consideration the respective incomes of both the husband and wife. “Income” refers to income of all kinds, including that from income-producing property that is subject to marital distribution. The formula applies to up to $500,000 of the payor’s income, but may be increased by the court.

Legal and Expert Fees

As of December 15, 2010 , the courts will award attorney fees on a “timely basis” to the spouse with the lesser income. This is designed to ensure that both spouses are properly represented, regardless of their individual economic circumstances. Fees will also be awarded to for post-divorce enforcement and modification proceedings, which can include issues such as: child support, visitation, and custody, spousal maintenance, distributive awards, and equitable distribution.

Personal Data

Full addresses, social-security numbers, and phone numbers of both parties.
Full names, birth dates, addresses, and social-security numbers of all children of the marriage, their school and grade.
Information about any prior marriage of either spouse, including a certified copy of the divorce decree.
A copy of any domestic contracts (e.g. a prenuptial agreement).
Information about any previous legal proceedings between the spouses or involving any of the children.
Dates and particulars about any previous separations, attempts at reconciliation, or marriage counseling.