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What are the criteria for divorce?

It doesn't matter if your divorce is uncontested or contested. In the state of New York, you must prove that one of several things has happened in your marriage if you want your divorce to be approved by the court.

One of the following grounds for divorce must be true for you to finalize the dissolution of your marriage:

Abandonment: Your spouse has left you. Perhaps he or she has moved to another state or another home. For whatever reason, your spouse is no longer living with you, and he or she is not supporting you.

Adultery: Your spouse was unfaithful. You have documented evidence that your spouse was having relations with another person.

Cruel and inhuman treatment: Your spouse committed some abuse against you. Perhaps the abuse was physically or sexually abusive toward you, but this could also involve financial or emotional abuse.

Living apart for a year: If none of the above exists, you'll need to show other proof to validate your divorce. One way of doing this is to obtain a judgment of separation as soon as you and your spouse move apart. After one year of living separately, you can then finalize your divorce. If you and your spouse can agree to a signed separation plan, then you can enter into this kind of agreement without requiring a court judgment to time your one year apart.

Three years of imprisonment: If your spouse has been in prison for at least three years, you can qualify for a divorce.

Irretrievable breakdown: If you can prove that your marriage has been irretrievably broken for the last six months, then you and your spouse can finalize your divorce.

Are you ready to move forward with a divorce? A New York divorce attorney can assist you in determining the best way to finalize the dissolution of your marriage.

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