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Grounds for Divorce HANDLING CASES FROM START TO FINISH

Grounds for Divorce in New York

When Can You File for Divorce in New York?

At the Law Office of Dennis R. Vetrano, Jr., LLC, our skilled lawyers understand the road that lies ahead and can provide the strong support you need to ensure your best interests are protected during this time of transition. With more than 65 years of collective legal experience and high praise from past clients for our unmatched professionalism, your case is sure to be in excellent hands. Our focus is always on compassion, communication, and effective legal counsel.

 Call (845) 605-4330or schedule a case reviewtoday to review your legal options.

Requirements for Divorce in New York

Divorcing couples in every state are required to satisfy certain requirements in order to have their marriage dissolved by the courts. Known as “grounds for divorce,” these requirements can vary from state to state and can be based on either reasons of marital misconduct or merely the breakdown of the marriage between a couple.

Prior to 2010, couples in New York could not pursue a divorce unless they had officially separated or there was proof that one spouse had engaged in misconduct. Now, couples in the Empire State may pursue a divorce if one spouse cites “irreconcilable differences,” or that the marriage has broken down irretrievably for at least six months prior to their separation.

Regardless of the reasons, if you are pursuing a divorce, it is important you consult with a knowledgeable divorce attorney in Dutchess County, NY to determine your legal options and establish the most appropriate course of action to pursue.

Fault vs. No-Fault Divorce in NY

When couples file for divorce in New York, they must indicate on their divorce papers the reason they are seeking a divorce. In a no-fault divorce, spouses do not wish to be married anymore or have grown apart over time, causing a breakdown in their marriage.

Additionally, spouses may seek a no-fault divorce if they have lived separate and apart for at least a year according to a court-ordered judgment of separation or a formal written agreement of separation. No-fault divorces have a much higher chance of success out of court in an uncontested manner, saving couples from the time and stress of a drawn-out contested divorce.

With that being said, not all divorces are the result of irreconcilable differences. A spouse may seek a fault-based divorce in the event that the other spouse has engaged in some sort of wrongful misconduct. We do recommend consulting with a lawyer before proceeding to gain the full scope of your particular divorce.

In New York, grounds for a fault-based divorce include:

  • Adultery
  • Cruel and inhuman treatment
  • Abandonment for at least one year
  • Incarceration for at least three years after the marriage

Spouses may choose to file for divorce based on fault in an attempt to gain an advantage in court, such as by citing a spouse’s domestic violence to pursue a larger portion of the marital estate. This is not without its drawbacks, however, as fault-based divorces typically turn into lengthy and heated legal battles. As such, spouses who are considering pursuing a fault-based divorce must be sure to weigh the associated emotional and financial costs when making their decision.

Discuss Your Case Today

At the Law Office of Dennis R. Vetrano, Jr., LLC, our attorneys can help you evaluate your situation and determine which grounds would be more advantageous for your divorce. Having served countless clients throughout Dutchess, Orange, Putnam, Rockland, Ulster & Westchester Counties, we have established ourselves as trusted leaders within the family law community and can provide the premier-quality support you need. Nobody should have to endure the physical and emotional burden of divorce alone. Let us handle the legal heavy lifting on your behalf so you can move forward with peace of mind.

Get in touch with ustoday to find out more about how we can assist you.

CLIENT TESTIMONIALS

READ WHAT PAST CLIENTS HAD TO SAY
    "Unfortunately some of the hardest times in our lives we need an attorney to help guide us through such emotional and uncertain and scary period"
    Unfortunately some of the hardest times in our lives we need an attorney to help guide us through such emotional and uncertain and scary period. Choosing the best attorney can take away some of the fear and anxiety Dennis and his absolutely amazing team have held my hand and calmed my nerves on more than one occasion Stacey is always on the other end of the phone to reassure me that it is a process and it will be ok.I have found such comfort in Dennis his knowledge and strong confidence that he and his team have it all under control allows me to focus on myself and my children while they handle my case. I highly recommend this firm!
    - Jennifer Garofolo
    "I am extremely thankful for having received the best representation from my attorney Kristen D. Farris for a temporary order of protection case against my soon to be ex-husband."

    I am extremely thankful for having received the best representation from my attorney Kristen D. Farris for a temporary order of protection case against my soon to be ex-husband. Everything went so smooth with her amazing expertise and professionalism. In the court, she took charge right away and everything was just so well. I was so relieved! The outcome of the case was perfect and the case settled without any issues. I had no chance to stress! Finally, the office staff was so friendly and the communication, which was mostly through e-mail, was perfect. I am looking forward to working with Kristen with the next steps of getting a divorce. God answered my prayer when I asked for a great attorney :) I was so nervous but thankfully everything went so well!!!

    - Rosa Gonzalez
    "Kristen and Erika were wonderful to work with. Very professional, yet compassionate. They thoroughly explained everything in understandable terms."

    Kristen and Erika were wonderful to work with. Very professional, yet compassionate. They thoroughly explained everything in understandable terms. Both Kristen and Erika were prompt in all communications and kept me informed throughout.

    - Rebecca T.
    "Tough, gracious, generous, and committed describe Kristen’s qualities as my attorney."

    Tough, gracious, generous, and committed describe Kristen’s qualities as my attorney. And much thanks to the paralegal team as well. Their combined experience provided prompt support whenever I had any questions and helped talk me through my situation and to provide clarity. I can’t thank Kristen and her team enough for the all hard work and kindness through the process.

    - T. Curtis-Verderosa
    "Christal Prinz is OUTSTANDING! She has compassion and a wealth of knowledge about the law."

    Christal Prinz is OUTSTANDING! She has compassion and a wealth of knowledge about the law. She has a good common-sense approach as well. It was a delight to work with her considering the circumstances and nuances of my case and the law.

    - A.P.
    "I am so thankful I found this law office to handle my divorce. Kristen was a pleasure to deal with and handled my divorce flawlessly. Communication was always very fast, and always very clear."

    I am so thankful I found this law office to handle my divorce. Kristen was a pleasure to deal with and handled my divorce flawlessly. Communication was always very fast, and always very clear. I highly recommend! Couldn’t have been handled better. Thank you.

    - Claudia Franciosa
    "The guidance and knowledge they provided was immeasurable."
    I am so grateful for the wonderful team that assisted me through one of the most difficult times of my life. The guidance and knowledge they provided was immeasurable.
    - Jessica Conklin
    "I am happy to recommend DRV Law and Kristen F. specifically. As a father divorcing an intractable and vengeful spouse, I was terrified of how the court would treat a father vs a mother, as well as of how my ex could muddy and delay the process."
    I am happy to recommend DRV Law and Kristen F. specifically. As a father divorcing an intractable and vengeful spouse, I was terrified of how the court would treat a father vs a mother, as well as of how my ex could muddy and delay the process. And all in the midst of a pandemic that made everything more complicated. Kristen and her team’s legal advice was consistently spot on, the office’s communication was regular and helpful, and their billing was fair and understandable. You won’t be disappointed in them!
    - A.B.

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