|


GROUNDS FOR DIVORCE
- SUPREME COURT DIVORCE

Complexity Of Divorce
As of October 12th 2010, New
York State dispensed with the requirement of fault of one of the spouses
in order to obtain a divorce. The New York State Legislature, after
Governor Paterson signed same, amended the statute by adding (7) of DRL
section 170, as follows: The relationship between husband and wife has
broken down irretrievably for a period of at least six months, provided
that one party has so stated under oath. No judgment of divorce shall be
granted under this subdivision unless and until the economic issues of
equitable distribution of marital property, the payment or waiver of
spousal support, the payment of child support, the payment of counsel and
experts' fees and expenses as well as the custody and visitation with the
infant children of the marriage have been resolved by the parties, or
determined by the court and incorporated into the judgment of divorce.
The other grounds of divorce in New York State are: cruel and inhuman
treatment (DRL section 170 (1), abandonment (ACTUAL OR CONSTRUCTIVE)(DRL
section 170 (2), confinement in prison for three or more consecutive years
after the marriage (DRL section 170 (3), adultery (DRL section 170 (4),
having lived separate and apart under the terms of a decree or judgment of
separation or an agreement of separation for a period of one or more years
(DRL section 170 (5) and (6).
This
is not legal advice and should not be viewed as such. No advice is given
until there has been an actual consultation with the attorney. The
statements herein are not advice and no one should act according to such
until they have obtained the oral advice of an attorney with regards to
these and all legal matters. |