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Grounds for Divorce: New York
Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.
Grounds for Filing: The Complaint for Divorce must declare the appropriate New York grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:
(1) The cruel and inhuman treatment .
(2) Abandonment for 1 year or more.
(3) Imprisionment for 3 years or more.
(4) Adultery
(5) Living separate and apart for 1 year or more.
(Consolidated Laws of New York - Domestic Relations Laws - Volume 8 - Sections: 170 and Article 10, Section 170, and Article 13, Section 230)
If you do not fall under any of the above mentioned grounds for divorce or dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in effect in order to help prevent rash decisions to terminate a marriage.
Related Divorce Resources:
- Start Your New YorkDivorce Today (5 Great Options!)
- Locate a New York Divorce Professional Near You
- Read More About New York Divorce Laws
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New York Grandparent's Rights Manual
New York Divorce & Financial Checklist
New York Prepared Divorce Forms & Instructions
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New York Child Support Calculation Handbook
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New York School Evaluations for Custody Cases
New York Divorce Magazine
New York Divorce, Marriage, & Birth Certificates
New York Name Change Notification Kit
New York Wills for the Divorcing
New York Custody/Visitation/Support Modification Forms
| Divorce Tip: # 24 An uncontested divorce case is a divorce that does not require a trial. The disputes, if any, are resolved by the couple without the need of the court's decisions. This does not mean that the court does not have a role. All divorces must have some kind of judicial proceeding before you are issued a legal divorce decree. Sponsored by: Kidmate - Visitation/Custody Tracking |
Copyright 1999 Daniel Sitarz - Unauthorized reproduction is prohibited
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