Understanding Your Marital Rights in the Syracuse Area
New York is primarily an at-fault state, which means that couples may not simply choose to terminate their marriage without appropriate cause. That doesn't mean that you can't choose to be divorced; it simply means that unlike many other states, the process for divorce can be a little more complicated.
At the Darwish Law Office in Syracuse, New York, our lawyer can work with you to help you begin the process toward a new beginning.
Grounds for Divorce
There are primarily six conditions under which you can pursue a divorce in New York.
- Separation Agreement — Among the more common paths toward divorce in New York, and primarily the path for people seeking no-fault divorces, this requires a valid agreement that meets New York legal standards. A separation in New York is not valid and recognized as grounds for divorce without the legal separation agreement.
- Imprisonment — If your spouse is imprisoned for three or more consecutive years following your marriage, then the state permits imprisonment to be used as valid grounds for divorce.
- Abandonment — If your partner has abandoned you for at least one year, failing to return or provide support, then the state recognizes this as valid divorce grounds. A voluntary separation that is not formalized by a separation agreement does not constitute abandonment.
- Adultery — If your partner has cheated on you by having a sexual relationship with another person without your consent, then the state recognizes this infidelity as valid divorce grounds. But if you are both engaged in adulterous activity, then the state may choose not to recognize your right to a divorce.
- Abuse — Referred to as cruel and inhumane treatment, if your partner has abused you physically or mentally, then you may be able to pursue divorce proceedings. In contested divorce proceedings, it is important to have an attorney with a network of experts who can help you prove the abuse, particularly in cases of mental abuse.
- Decree of Separation — Though a valid divorce grounds, this is uncommon as the process is similar to divorce proceedings.
For a complete explanation of the kinds of grounds needed to pursue a divorce or to take advantage of our free initial consultation to discuss your own needs, contact us today to schedule an appointment with our family law attorney.
