Divorce

Divorce is the legal process of terminating a marriage. Even when a couple mutually agrees to get a divorce, it can still be an emotionally difficult process.  During a divorce there are many issues that need to be addressed, including child support, child custody, visitation, division of property, and spousal support.  However, feelings of resentment, sadness, betrayal, and shame make it increasingly difficult for couples to make mutual decisions regarding these issues.

Under New York state law, married couples must meet certain state-mandated requirements before they will be granted a divorce. These requirements include:

• The marriage ceremony took place in New York
• The couple lived together as husband and wife
• At least one spouse has been a New York resident for more than one year
• Grounds for divorce took place in the state of New York

Once these basic requirements have been met, the couple must prove they have legitimate grounds to file for divorce.  Because New York is not a “no fault” state, lack of communication, irreconcilable differences, and dissatisfaction are NOT considered legitimate grounds for divorce.  A couple will be granted a divorce if they can prove following grounds are true:

• One or both spouses committed adultery
• One or both spouses have been imprisoned for three years or more
• One spouse abandoned the other for a continual period of one year or more
• One or both spouses engaged in cruel, abusive, or inhumane behavior
• One or both spouses refused to engage in marital relations for one year or more

If a couple does not have legitimate grounds to file for divorce, but still wants a divorce anyway, they must legally separate for a set amount of time, typically one year or more. After the duration of the legal separation is completed, the couple will be granted a divorce.

Contact our New York Divorce Attorney

If you and your spouse decide to get a divorce, it is important to hire your own attorney to represent you in court and protect your rights. At Pena & Kahn, PLLC, our experienced divorce attorneys have obtained successful results for hundreds of clients throughout New York.  Our attorneys have a thorough understanding of divorce law, and know the best way to make sure the process goes as smoothly as possible. We provide our clients with personalized attention, strict confidentiality, and compassionate legal care during these difficult times.

If you need experienced and professional legal representation in New York, contact our divorce attorneys at Pena & Kahn today for your free case evaluation at (718) 585-6551.