Grounds for Divorce

Dutchess County Divorce Court Attorneys

As of October 2010, New York has joined the list of states where a person may obtain a divorce without proving marital fault.

“Irretrievable breakdown of the marriage” is the available no-fault ground when either party swears that the marriage has been irretrievably broken for a period of at least six months, and the court will grant a no-fault divorce on this ground so long as all other equitable distribution issues are resolved. We continue to have another no-fault ground, which is living separate and apart pursuant to a separation agreement for a period of one year.

Abandonment is a common fault ground — it’s where one party has been absent from the marital residence, for at least one year, without justification and with no intention to return. This ground also includes constructive abandonment, which is failure to have sexual relations for at least one year, without justification.

Cruel and inhuman treatment is another common fault ground, where the conduct of one spouse has so endangered the other spouse’s physical and mental well-being as to render it unsafe and improper for the parties to continue to reside together. The level of cruelty required increases as the length of the marriage increases.

There are other grounds for divorce in New York state, but they are less common.

If you are thinking about a divorce in New York, educate yourself about your options and protect your rights by retaining an experienced divorce and family law attorney who will put your interest first and seek the best possible result on your behalf.

If You Are Seeking a Divorce in New York

If you are thinking about a divorce in New York, protect your rights by retaining an experienced divorce and family law attorney who will put your interests first and seek the best possible result on your behalf.

Brooke & Brady, LLP — Serving Clients in Dutchess County

At Brooke & Brady, LLP, we represent clients throughout Dutchess County in divorce and family law cases. Our law firm practices exclusively in family law, and we have been handling these matters for more than 30 years. If you need experienced and dedicated representation for a contested divorce, uncontested divorce or collaborative law divorce, we can provide the skillful legal representation you require.

Contact Our Poughkeepsie Divorce and Family Law Attorneys Today

If you need to speak with a Poughkeepsie divorce lawyer, contact Brooke & Brady, LLP. To reach our firm, call 845-454-2540 or contact us by e-mail to schedule a confidential free initial consultation.