Filing for divorce

Filing for Divorce in New York State

Believe it or not, New York is the only state in the country that does not have no fault divorce.

Divorce actions are filed in the Supreme Court.

In order to divorce in less than one year, you need to prove that one party did something so bad that it is not possible to live with him or her. The courts call this a "Cause of Action". The spouse filing for divorce serves a Summons and Complaint and states a "cause of action" or legal reason.

1. CAUSES OF ACTION: (fault of one party)
Can be divorced in less than one year

a. Abandonment: You or your spouse moved out at least one year ago with no intent to return.
b. Constructive Abandonment: You and your spouse have had no sex in over a year.
c. Cruel and inhuman treatment (physical and emotional abuse, infidelity, etc.).
d. Imprisonment of spouse for over 3 years.

2. SEPARATION AGREEMENT: (New York's version of no fault).
Must wait for one year to complete a divorce

a. The parties negotiate and sign a Separation Agreement which is filed with the Court.
b. They then live apart for one year and abide by the separation agreement.
c. They can then apply to the Court for a divorce based on the Separation Agreement.

3. WHEN TO FILE FOR DIVORCE:

a. You may file at any time. If you are using the traditional method of divorce, you start the action by filing for divorce in the Supreme Court and having your spouse served with the papers.
b. In collaborative law and mediation, you generally do not file with the Supreme Court until an agreement has been signed. If you are not claiming that the other party was at fault, you will have to wait one year after the Separation Agreement is signed.

WHAT YOU MUST CONSIDER:

Do you really want a divorce?
Have you tried marital counseling?
Temporary separation?
Consult with an attorney-know your rights.

Debra S. Bereck, Attorney at Law
120-126 North Main Street
New City, NY 10956
Phone: 845-634-4505
Fax: 845-638-9175
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