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Divorce Attorneys in America PDF Print E-mail

Best Divorce Attorneys in America

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PleaseGetMeAnAttorney.com can help you find experienced Divorce Attorneys in America.  We have the best Divorce Attorneys in America.

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Divorce is a legal action that ends or "dissolves" a marriage.
Here are the basic steps for getting a divorce:  
 
· First, you must meet the residency requirements of the state. 
· Second, you must have "grounds" (a legally acceptable reason) to end your marriage. 
 · Third, you file divorce papers and have copies sent to your spouse. 
· Fourth, if your spouse disagrees with anything in the divorce papers, then he will have the opportunity to file papers telling his side. This is called "contesting the divorce." If he contests it, then you will have a series of court appearances to sort the issues out. If your spouse does not disagree with anything, then he should sign the papers and send them back to you. If your spouse agrees with everything and signs the papers, this is called an "uncontested divorce."  
· Fifth, if there is property that you need divided or if you need financial support from your spouse, then you will have to work that out either in an out-of-court settlement or in a series of court hearings. Custody may also be decided as part of your divorce. You may file for divorce in New York if you meet one of these residency requirements:  
 
1. Either you or your spouse has lived in the state for at least two years. 
2. Either you or your spouse has lived in New York for at least one year AND:  
      - your wedding took place in New York. 
      - You and your spouse lived in New York during your marriage.
      - The cause of divorce occurred in New York. 
3. Both you and your spouse live in New York at the time you file for divorce and the cause of divorce occurred in New York.
 

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"Grounds" are legally acceptable reasons for a divorce. In NewYork, there are divorces after separation, and fault-based divorces. 
 
Divorce after separation - In a divorce after separation, you do not have to have a reason for the divorce. To file for divorce, you and your husband must either have a separationagreement or a court ordered-judicial separation. You also must live separate and apart for one year after the agreement or judicial order before you can be divorced. 
 
Fault-based – With a fault-based divorce, you do not have to be separated before filing for the divorce. In New York, you can file for a fault-based divorce for any of these reasons: 
  
Cruel and Inhuman Treatment – This includes physical, verbal or emotional abuse. The judge will require more than that you simply did not get along with one another. The judge will be looking for specific instances of cruelty that occurred in the last five years. 

Abandonment – To file for divorce based on abandonment, your spouse must have abandoned you for a period of one or more years. Specific examples of abandonment by yourspouse include a physical move from the home, sexual withdrawal, or locking you out of the home. 

Three Consecutive Years Imprisonment - a judge may grant you a divorce if your spouse has been in jail for three or more years in a row. Once your spouse has been in jail for three years in a row, you can file for divorce:  
     - while your spouse is still in jail.
     - Up to five years after s/he is release. 

Adultery – You must be able to show that your spouse committed adultery during the marriage. This is usually hard to prove in court, since you need evidence from a third party. 
    - someone besides you or your spouse
            
 
 
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New York only recognizes divorces based upon fault based criteria, though the parties may agree to enter into a separation and have the separation agreement or judgment be the further basis for a divorce after one year. The parties may also agree to an uncontested divorce as long as one of the parties is willing to allege one of the fault-based grounds or has the requisite separation agreement or judgment.
 
 
 
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Grounds for divorce in New York
The cause of action for divorce in New York state (accusations against the defendant by the plaintiff that are grounds for divorce) are limited to:  
· Cruel and inhuman treatment (Domestic Relations Law §170.1) 
· Abandonment for a continuous period of one year or more (DRL §170.2) 
· Imprisonment for more than three years subsequent to the marriage (DRL §170.3)  
· Adultery (DRL §170.4)  
· Conversion of a separation judgment (DRL §170.5) 
· Conversion of a written and acknowledged separation agreement after living separate and apart for more than one year (DRL §170.6)
 
 
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One or more of these grounds for divorce must be used if one party to the marriage wants a divorce. The parties can also disagree over child support, custody, alimony, division of jointassets or who is going to pay legal fees. These are known as "ancillary relief" (see below) that are requested by one or both of the parties. All divorces, even by uncontested consent, must be a based on one of the six grounds stated above.
 
The grounds do not include accusations of bad conduct against the plaintiff unless such bad conduct rises to the level of cruel and inhuman treatment. In New York none of the following aregrounds for divorce: 
 
· Irreconcilable differences  
· Incompatibility  
· No-fault 
· Mutual consent  
· No communication 
 
 
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Litigants, attorneys, and judges have expressed frustration at the continued failure of the New York legislature to implement no-fault divorce. New York is the only jurisdiction in the UnitedStates that does not offer a no-fault basis for divorce. The ground that comes closest to no-fault is DRL 170.5, which requires that the parties live separate and apart for a minimum period of one year after the execution of a separation agreement.
 
 
PleaseGetMeAnAttorney.com can help you find experienced Divorce Attorneys in America.  We have the best Divorce Attorneys in America.

(Please fill out the form to the right)
 
 
 
 
Call Toll free 1-800-231-8857
 
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