If there are no grounds for divorce, what would be the best thing to do in my case?

Aug 8, 2012 by

Question: 

If there are no grounds for divorce, what would be the best thing to do in my case?

State: 
New York

Answer: 

New York state does not allow no-fault divorces as you probably know. “Irreconcilable differences” is not an allowed grounds for divorce in New York and you must choose between the grounds that are available: cruel and inhuman treatment, abandonment, three years of imprisonment or adultery. If your particular situation does not meet one of those requirements, your best bet might be to go for a “divorce after separation.” This would require you to create a separation agreement with your spouse or seek a court-ordered judicial separation. Once the separation agreement is created and you have lived separate and apart for at least one year, you do not need to have a specific grounds for divorce other than the separation. The separation agreement itself (after living apart for a year) will become the grounds for the divorce at that point. It might seem like a long route to your goal, but in New York, that’s the situation. – The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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