New York City divorce lawyer Ryan Besinque (https://www.besinquelaw.com/do-you-have-to-be-separated-for-a-year-to-get-a-divorce-in-ny/), of The Law Office Of Ryan Besinque, has released an article discussing the divorce grounds in New York. The article, titled “Do You Have to Be Separated for a Year to Get a Divorce in NY?” addresses the traditional fault-based grounds for divorce and the more recent no-fault option.
According to the New York City Divorce Lawyer, As a fault-based divorce state, New York historically required one spouse to allege the other at fault for the divorce under specific grounds. However, as of October 2010, New York became the last state in the nation to enact a no-fault divorce ground, allowing spouses to seek a divorce if the spouses allege that their relationship has been irretrievably broken for a period of at least six months.
“In New York, there are both traditional fault-based grounds for divorce and a newer no-fault option,” said the New York City Divorce Lawyer. “It’s important for spouses to understand their options and which grounds may apply to their situation.”
The article discusses the six traditional fault-based grounds for divorce, which include cruel and inhuman treatment, abandonment, imprisonment, adultery, judgment of separation, and separation agreement. Spouses who use fault-based grounds not only had to blame the other for the breakdown of the marriage, but they also had to prove it, leading to lengthy and costly litigation.
“With fault-based divorces, there’s often a lot of acrimony and blame placed on one spouse or the other,” said Besinque. “No-fault divorces tend to be more cooperative and less contentious, which can benefit everyone involved, including any children.”
The article explains that with a no-fault divorce, one spouse can seek a divorce alleging that the marriage has been irretrievably broken for at least six months, and there is no need for defense by the other partner. A divorce will be granted as long as all the other issues are resolved, such as child support, child custody, marital asset distribution, and spousal support. Consequently, in this case, the couple is not required to be separated for a year as required by some of the other fault-based grounds for divorce.
“While fault-based divorces are still used, the availability of no-fault divorces is making them rarer,” said Besinque. “No-fault divorces tend to be easier and more efficient, which is often in everyone’s best interest.”
The article provides advice for those considering a divorce in New York City to consider a no-fault option. “If you are considering a divorce in New York City, a no-fault option may be one you want to consider,” said Besinque. “Contact an experienced divorce attorney to discuss your options and the best approach for your specific situation.”
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is a New York City-based law firm that provides legal services in the areas of family law, divorce, child custody, child support, and more. Ryan Besinque is an experienced attorney who has represented clients in a wide range of family law matters. The Law Office of Ryan Besinque is committed to providing compassionate and effective legal representation to clients throughout New York City.
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Disclaimer: The views, suggestions, and opinions expressed here are the sole responsibility of the experts. No The Daily News Journal journalist was involved in the writing and production of this article.