subject: Divorce In New York State [print this page] UNCONTESTED DIVORCE UNCONTESTED DIVORCE
Uncontested divorce is much cheaper and much faster than contested divorce because it involves far less work. However, one party cannot just choose uncontested divorce because by definition it has to involve both sides.
CONTESTED DIVORCE
When the spouses cannot agree on key decisions regarding the dissolution of their marriage, such divorces are considered "contested." The usual problems and disagreements come down to child custody, visitation, child support, division of property, maintenance, and grounds for divorce.
GROUNDS FOR DIVORCE
To obtain a divorce the spouse must have a valid ground to obtain a divorce. The following are the New York State grounds for divorce:
1. Cruel and Inhuman Treatment
2. Abandonment in excess of one year.
3. Constructive abandonment where either spouse has refused to have sexual relations for more than one year.
4. Adultery
5. Imprisonment
6. Living separate and apart pursuant to a separation judgment or decree
7. Living separate and apart pursuant to a separation agreement.
Imprisonment: Divorce on this ground may be commenced if:
- after the marriage your spouse was incarcerated for a period of over three years,
- the spouse is still in prison
Adultery: spouse engages in sexual or deviant sexual intercourse with another person while married to you.
Cruel and inhuman treatment: this ground is taken into consideration when one spouse's treatment is so bad that it causes the detriment to other spouses physical or mental well-being. It is therefore unsafe or improper to continue living together.
Separation: if both spouses have been living separately for more than a year and there is either a Judgment of Separation or a Separation agreement.
Legal Separation
A legal separation is a solution for those couples who are not ready to get a divorce. At the same time they want to keep the issues regarding their property, money or children.
Separation Agreements- This agreement states the rights and obligation of both spouses. It can also state that once the divorce is granted the Agreement will be "incorporated but not merged" into that Court Order. Its important because it can not only be enforced as a contract but also become a part of a court Judgment of Separation or Divorce which can be enforced in the same manner as any other Order of the Court (through contempt of court proceedings).
