Discovering Grounds for Divorce with Divorce Lawyer Queens New York
Going down the road to divorce is an essential time that requires careful thought and informed choices.
At The Law Offices Of SRIS, P.C., Divorce Lawyer Queens New York, recognise the importance of this step and provide you with the guidance, knowledge, and compassion you need during this transition.
Grounds for separation are the legal reasons a partner can end their marriage. The specific grounds for divorce vary from country to country and state to state.
However, some of the more common reasons for divorce include:
- Adultery is a term used to describe a situation in which a spouse has sex with someone other than their legal partner, violating the exclusivity often characteristic of marriage. This breach of trust can lead to emotional turmoil and stress in the marital relationship, often leading to legal action.
- Cruelty, in the context of marital relationships, refers to a traumatic situation where one spouse intentionally causes physical or emotional pain to the other. It can include various behaviours, from physical abuse to verbal intimidation and emotional manipulation. The impact of cruelty can be deeply hurtful, potentially leading to lasting psychological scars and broken marriages.
- Abandonment is a concept that describes the unfortunate situation when one of the spouses leaves a marital relationship, leaving the other with no intention of returning. This abandonment can be physical, emotional, or both, creating feelings of emptiness and instability in the marriage. The spouse left behind may face emotional distress and financial hardship, which can contribute to the marriage breakdown.
- The term “insanity” in the context of marriage refers to a condition in which one spouse cannot fulfil marital obligations due to spiritual or psychological reasons. It could include mental health issues or ingrained personality traits that interfere entirely with their ability to participate in a relationship. Such challenges can lead to misunderstandings and emotional distance and ultimately contribute to the erosion of marital stability.
- Detention, as grounds for divorce, involves detaining a spouse for a certain period. Separation due to incarceration can strain a marriage relationship, causing emotional and practical challenges for both parties. The absence of an incarcerated spouse can create a void in a marriage, potentially leading to a reassessment of the relationship’s viability.
- Bigamy is a legal term that means the act of one spouse marrying two different people simultaneously. This break in monogamy can break the foundation of trust and fidelity in marriage. It often leaves a spouse unaware of a second marriage feeling deeply betrayed, prompting them to take legal action to remedy the situation.
- Incompleteness, in the context of marriage, refers to the state of a couple not having sexual relations. It can be due to many factors, such as physical health issues, personal beliefs, or emotional barriers. A lack of intimate contact can lead to feelings of frustration and disconnection, potentially contributing to marital discontent and ultimately leading to the consideration of divorce.
No-Fault Divorce:
No-fault divorce is when both partners must prove that the other has done anything wrong. It contrasts with fault-based divorce, in which one spouse must prove that the other has committed a crime, such as adultery or cruelty.
No-fault divorce was first introduced in the United States in California in 1970. Since then, most other states have adopted it.
No-fault divorce is currently the most common type in the United States. No-fault divorce has several advantages:
- It’s usually faster and less expensive than a fault divorce.
- It can be less cruel because spouses don’t have to argue over who is responsible for the marriage breakdown.
- It may be fairer because punishing one spouse for the misdeeds of the other is avoided.
Fault-Based Divorce:
Fault-based divorce is when one spouse must prove that the other spouse committed wrongdoing, such as adultery or cruelty. To get a fault-based divorce, the spouse filing for divorce must verify the misconduct to the court’s satisfaction.
Fault-based divorce is still available in some states but is becoming less common. It is because no-fault divorce is generally faster, cheaper, and less abusive.
Advantages and Disadvantages of No-Fault and Fault-Based Divorce:
No-fault and fault-based divorces have advantages and disadvantages. The best type of divorce for you will depend on your circumstances.
Benefits of No-Fault Divorce:
- Faster and less expensive: No-fault divorce is generally faster than fault-based divorce. It is because there is no need to prove the other spouse’s wrongdoing.
- Less acrimonious: No-fault divorce can be less harsh than fault-based divorce. It is because the spouses do not have to argue about who is to blame for the marriage breakdown.
- More equitable: No-fault divorce can be more honest than fault-based divorce. It is because the spouses are not penalised for the other spouse’s wrongdoing.
Disadvantages of No-Fault Divorce:
- One spouse may not get what they want: In a no-fault divorce, one spouse may not get what they want out of the divorce, such as full custody of the children or a larger share of the assets.
- The other spouse may not be held accountable: In a no-fault divorce, the other spouse may not be held responsible for their actions, such as adultery or cruelty.
Advantages of Fault-Based Divorce:
- The wronged spouse may get what they want: In a fault-based divorce, the wronged spouse may get what they want out of the divorce, such as full custody of the children or a larger share of the assets.
- The other spouse may be held accountable: In a fault-based divorce, the other spouse may be held responsible for their actions, such as adultery or cruelty.
Disadvantages of Fault-Based Divorce:
- Can be cruel: Fault-based divorce can be more abusive than no-fault divorce. The spouses must argue about who is to blame for the marriage breakdown.
- Can be more expensive: Fault-based divorce can be more.
- Costly than a no-fault divorce. It may require more legal fees to prove the other spouse’s wrongdoing.
How to get a no-fault divorce?
The specific requirements for getting a no-fault divorce vary from state to state. However, you must generally meet the following criteria:
- You must be married for a certain period.
- You must be living separately for a certain period.
- You must both agree to the divorce.
Once you meet the conditions, you can file for divorce in court. The court will then grant a divorce if the court is satisfied that The marriage has reached an irretrievable breaking point.
Irreconcilable differences is a legal term used to describe the breakdown of a marriage to the point where the spouses can no longer live together. It is the most common ground for divorce in the United States.
Definition of Irreconcilable Differences:
There is no one definition of irreconcilable differences. It is a matter of interpretation by the court.
However, it means the spouses have disagreements about their lives that they cannot resolve. These disagreements may be about anything, such as finances, religion, parenting, or in-laws.
Significance of Irreconcilable Differences:
Irreconcilable differences are a significant ground for divorce because it allows couples to end their marriage without proving that the other spouse did anything wrong.
It can be helpful for couples who are getting divorced amicably and do not want to go through a lengthy and costly court battle.
To prove irreconcilable differences, You must demonstrate to the court that your marriage has broken down to the point where It has become irretrievably broken.
You can do it by providing evidence of the disagreements between you and your spouse. This evidence can include things like
- Communication logs show that you have been unable to communicate effectively with your spouse.
- Marriage counselling records indicate that you have tried to reconcile your differences but have been unsuccessful.
- Witness testimony from friends or family members who can attest to the problems in your marriage.
The process of getting a divorce on the grounds of irreconcilable differences:
The process for getting a divorce due to irreconcilable differences varies from state to state.
However, you often have to file for divorce in court. The petition must state that you seek divorce due to irreconcilable differences. You must also serve the application to your spouse.
Once you have filled out your spouse’s petition, they will have time to respond. The court can give you a default divorce if it doesn’t respond.
If they respond, the case will go to trial. At trial, the court will hear the evidence from both parties and decide whether to grant the divorce.
How the Chosen Ground for Divorce can Influence Custody Decisions:
The ground for divorce can influence custody decisions in a few ways. First, The court might lean towards granting custody to the spouse who was not responsible for the marriage breakdown.
Second, the court may consider the spouse’s behaviour in making custody decisions.
For example, if one spouse engaged in adultery, the court may be less likely to award them custody.
Children's best interests standards:
The criterion in the child’s best interest is the legal principle by which a court should make a custody decision based on what is best for the child. All states in the United States use this standard.
Courts will consider many factors when choosing the best interests of the child. Some of these factors include:
- Child’s age and needs
- Parents’ ability to meet their child’s physical and emotional needs
- Parent’s relationship with children
- Parental consistency and the ability to provide a safe and stable environment for the child
- Parents willing to cooperate
- The child’s wishes (if he is old enough to express them)
How the chosen ground can influence the best interests of the child:
The reason for divorce can affect the child’s best interests in several ways.
First, if the court finds that one of the spouses is responsible for the marriage breakdown, this can be seen as a negative factor in deciding the child’s interests.
Second, if the court finds that one of the spouses engaged in behaviour that could harm the child, such as drug addiction or domestic violence, this could also be considered a negative factor.
However, It’s essential to note that the court will weigh more than just the chosen reason for divorce when determining the child’s best interests. The court will also view all of the other factors listed above.
Divorce is a transformative process that requires understanding, empathy, and legal support. The law firms of SRIS, P.C., are committed to being your partner on this journey.
Divorce Lawyer Queens New York’s goal is to equip you with the knowledge, resources, and confidence to navigate the complexities of divorce grounds, ensuring you make choices that best serve your future.
Whether you’re seeking a swift and amicable uncontested divorce or need guidance on fault-based grounds, Divorce Lawyer Queens New York is here to provide you with the personalised attention you deserve.
Allow The Law Offices Of SRIS, P.C. to be your advocate, offering clarity, understanding, and unwavering support as you embark on this new chapter. Your empowered divorce starts with us.
Frequently Asked Questions about Grounds for Divorce:
- What are the grounds for divorce?
Grounds for divorce are legal reasons the court recognises that provide a basis for ending a marriage.
- What’s the difference between fault and no-fault divorce?
Fault divorce requires proving wrongdoing by one spouse, while no-fault divorce doesn’t require proving fault, often citing irreconcilable differences.
- What is a no-fault divorce?
In a no-fault divorce, The legal system does not assign blame to either spouse for the marriage breakdown. Common grounds include “irreconcilable differences” or “irretrievable breakdown.”
- What are common fault-based grounds for divorce?
Adultery, cruelty, desertion, and imprisonment are common fault-based grounds for divorce, requiring proof of the wrongdoing.
- How does adultery affect divorce proceedings?
Adultery can impact property division and alimony. Courts consider its financial impact and its relevance to child custody.
- Can I file for divorce due to cruelty or abuse?
Yes, cruelty or abuse can serve as a ground for divorce. It may affect both property division and child custody decisions.
- What are “irreconcilable differences” as a ground?
“Irreconcilable differences” indicate that the marriage is beyond repair. It’s a common no-fault ground in many jurisdictions.
- Can I divorce due to the imprisonment of my spouse?
Yes, incarceration can be a ground for divorce. However, legal advice is essential, especially if child custody or support is involved.
- Can I get a divorce if my partner abandons me?
Yes, abandonment or desertion can be a ground for divorce. The specifics vary by jurisdiction and the length of abandonment.
- Do I need legal representation to choose a suitable ground?
We recommend obtaining legal representation to ensure that you understand the implications of each ground and can make informed decisions.