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The experienced lawyers in our Matrimonial
and Family Law group will help our clients through the divorce process, whether the divorce is with or without a spouse's consent. On this page, we provide answers to several frequently asked questions on obtaining a divorce in New York. |
- How do I get divorced in New York with my spouse’s consent?
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Answer: If you and your spouse consent to a divorce, you can obtain a conversion divorce or an uncontested default divorce. You can obtain a conversion divorce one year after you and your spouse have lived separate and apart pursuant to a written, signed and notarized Separation Agreement. You can obtain an uncontested default divorce if you and your spouse do not wish to wait the full year from the execution of your Separation Agreement to obtain a divorce and consent to “grounds”. Physical abandonment or constructive abandonment are the most commonly used grounds in uncontested default divorces. |
- Can my spouse consent to grounds for divorce even if we cannot agree on one or more of the following issues: equitable distribution, custody, visitation and child and spousal support?
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Answer:
Yes. If both parties consent to grounds, the court only has to determine the unresolved or disputed issues at trial.
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- What are the “grounds” for divorce in New York?
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Answer:
- Cruel and inhuman treatment: Your physical or mental health is in danger if you continue living with your spouse.
- Abandonment:
- Physical Abandonment: Your spouse has left you without your consent and does not intend to return for a period of one year or more.
- Constructive Abandonment: Your spouse has unjustly failed or refused to engage in sexual relations with you for more than one year despite your requests that he or she do so.
- Imprisonment: Your spouse goes to jail for three or more years.
- Adultery: Your spouse commits adultery.
- Judgment of Separation: You and your spouse have not lived together for at least one year pursuant to a Separation Judgment or Decree given by the Court.
- Separation Agreement: You and your spouse have not lived together for at least one year pursuant to a written and signed Separation Agreement. Commonly referred to as a “conversion divorce.”
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- What if my spouse does not consent to grounds?
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Answer: If your spouse does not consent to a divorce, you can seek a divorce by establishing any of the first four grounds listed above.
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- Why might my spouse contest my reason for divorce?
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Answer: There are several reasons why a spouse may contest grounds for divorce. Property cannot be divided without a divorce. Or your spouse may need to remain married to be eligible for your health insurance coverage, or needs to stay married for ten years to qualify for Social Security retirement benefits. |
- The McCarthy Fingar Approach in Obtaining a Divorce
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The divorce process can be a difficult economic and legal experience for clients. The lawyers in our Matrimonial and Family Law group will bring their many years of experience to develop a strategy on the best way for the divorce process to go forward. |
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If you think you may require the assistance of McCarthy Fingar's Matrimonial and Family Law group, please contact Kathleen
Donelli by email (kdonelli@mccarthyfingar.com)
or phone (914-385-1010) or Dolores
Gebhardt by email (dgebhardt@mccarthyfingar.com)
or phone (914-385-1016). |
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Copyright McCarthy Fingar LLP 2001-2010 All Rights Reserved |
