Experienced New York Divorce attorneys can negotiate a favorable settlement for your divorce case.

They make all the arrangements necessary for the division of marital property, child custody, child support, visitation, or skillfully litigate complex divorce issues at trial in the state of New York. Divorce Lawyers also negotiate and draft premarital, postmarital and postnuptial agreements.

The state of New York does not recognize no-fault divorce.

Before a divorce can be filed, The sate of New York requires that the spouses live apart for least one year. The parties must fill a Separation Agreement with the local County Clerk before the one-year period begins to run. If after the one year period, the spouse filling for divorce is able to prove that the terms of the Separation Agreement have been performed, the divorce can be obtained without any testimony or personal allegations against either spouse about the reasons for the divorce.

In New York NONE of the following are grounds for divorce:

  • Irreconcilable differences
  • Incompatibility
  • No-fault
  • Mutual consent
  • No communication
  • The grounds for divorce in New York state do not include accusations of bad conduct against the plaintiff unless such bad conduct rises to the level of cruel and inhuman treatment.

    The accusations against the defendant by the plaintiff that are grounds for divorce in the state of New York are:

  • Cruel and inhuman treatment
  • Abandonment for a continuous period of one year or more
  • Imprisonment for more than three years subsequent to the marriage
  • Adultery
  • Conversion of a separation judgment
  • Conversion of a written and acknowledged separation agreement after living separate and apart for more than one year
  • One or more of these grounds for divorce must be used if one spouse wants a divorce.

    Do not stay in a situation of domestic violence.

    If you or your children are being abused or ill treated call 911or child protective services, there is a department in every county in New York State. An Order of Protection can be obtained at the Family Court. After you and your children are protected from harms way, call your New York Divorce Attorney to seek immediate custody of the children.

    Click HERE for a partial list of Women's Shelter in NY.

    Return from New York Divorce to Home Page.

    DISCLAIMER: The law will vary depending on your state, jurisdiction and the specifics of your case. The information provided by is intended for educational purposes only. The content on this site should NOT be considered professional legal advice or a substitute for professional legal advice. For such services, we recommend getting a free initial consultation by a licensed Attorney in your state.

    Free Legal Aide
    Copyright © 2006-2013 - Divorce Attorney - All Rights Reserved.

    free page hit counter