In New York, petitioners filing for a divorce have access to no-fault and fault-based divorce grounds. No-fault divorce grounds don’t assign any blame and simplify the process. When using fault-based grounds, the petitioner must provide evidence of their allegations.
A Divorce Law Lawyer Lynbrook NY explains how the divorce grounds work.
Cruel and Inhuman Treatment or Domestic Violence
Spousal abuse or domestic violence are fault-based divorce grounds used when a spouse has evidence of the allegations. The petitioner substantiates the fault-based grounds are through a police report or medical records outlining all injuries sustained by the spouse. Evidence of abuse or domestic violence offers the victim a protection order. Simon & Milner can help you meet
Abandonment or Desertion of a Spouse
Petitioners prove abandonment or desertion by exhausting all efforts to find their spouse. Petitioners who want to file for a divorce after abandonment or desertion use service by the public if they don’t know their spouse’s whereabouts. For service by the public, an ad appears in the legal section of the newspaper for six weeks to notify the spouse of the impending divorce. After the last week, the petitioner waits sixty days. Once the waiting period is over, the petitioner receives a final decree if their spouse doesn’t resurface.
Adultery and Infidelity
Adultery shows that a spouse took part in an extramarital affair. To substantiate the allegations, the petitioner must collect evidence that shows their spouse had an affair. Evidence could include photographs, video, emails, and text messages. Phone records could connect the spouse to the individual in question.
The Judgment of Separation or Separation Agreement
Couples who separated for at least one year or have an existing separation agreement can file for divorce. Some couples use their separation agreement as their divorce agreement and simplify the process. As long as the couple can agree to the terms, the case is final after sixty days of filing.
Simon & Milner firm has represented clients throughout New York City, Long Island, and New Jersey in numerous divorce cases, and we take pride in the level of personal services we provide and the results we have obtained for our clients.In New York, petitioners use cruel and inhumane treatment or domestic violence when they have evidence of abuse or assault.
Abandonment or desertion for one year allows the petitioner to use service by the public when notifying their spouse about a divorce. Separation for one year is grounds for a divorce, too. Petitioners who need more information contact a Divorce Law Lawyer Lynbrook NY through Simon & Milner.