Grounds for Divorce

Family Law Attorney Assisting White Plains and Yonkers Residents

One of the most important steps in filing an uncontested divorce is making sure that you can establish one of the legally recognized grounds for the dissolution of your marriage. According to Domestic Relations Law § 170, New York courts recognize seven different grounds for granting an uncontested divorce. At The Claro Law Firm, Yonkers and White Plains divorce lawyer Elisa Claro serves people in Westchester County and surrounding areas who are going through this process. She can provide you with the comprehensive and knowledgeable legal advice that you deserve.

Determining The Appropriate Grounds For A Divorce

To secure an uncontested divorce, the spouses must not have any disagreements between them regarding any significant issues, such as child custody, the division of marital assets, and child or spousal support. If a dispute should arise, the uncontested divorce will turn into a contested divorce, which usually results in significantly greater expense and uncertainty. Thus, attempting to dissolve your marriage through an uncontested divorce is helpful if this option suits your circumstances.

At minimum, the spouses must meet the residency requirement, which can be satisfied through one of the five grounds provided in Domestic Relations Law § 230. Additionally, the parties must select an appropriate ground for their divorce and show that they are able to satisfy its requirements. Since uncontested divorce proceedings involve an agreement about all of the aspects of the divorce, the parties must agree on the ground for the divorce. Domestic Relations Law § 170 sets forth seven grounds for divorce.

The first ground involves a showing that one of the spouses engaged in cruel and inhuman treatment of the other spouse or that at least one of the spouses’ physical or mental well-being will be at risk if their cohabitation continues. Second, a spouse may pursue a divorce based on abandonment by the other spouse that has lasted for at least one year. The third ground involves proving that the other spouse has been confined in prison for at least three consecutive years after the parties married. Fourth, a spouse may show that the other spouse committed adultery, as defined by New York State law. The fifth and sixth grounds involve situations in which the parties have lived apart for a minimum time period, in accordance with a court decree of separation or a written separation agreement that the spouses made. Finally, if the relationship between the parties has reached a point of becoming irretrievable for at least six months, the spouses may seek a divorce.

Discuss Your Situation With A Divorce Lawyer In Yonkers Or White Plains

If you and your spouse are considering an uncontested divorce, experienced White Plains and Yonkers divorce attorney Elisa Claro is prepared to advocate for you and act on your behalf. Having served spouses throughout Westchester County, including in Peekskill, New Rochelle, Mount Vernon, and Rye, we understand how stressful and emotionally difficult this experience is for you, even if the proceedings are uncontested. The Claro Law Firm can provide you with compassionate guidance while taking all of your options into account. To schedule a free consultation with a divorce or child custody attorney, call us at 1-877-631-3539 or contact us online.

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