Filing for Fault-Based Divorce in New York

New York state law provides several categories under which you can file for a fault-based divorce. Knowing these categories can make it easier to file your divorce papers and can expedite the process of your divorce settlement. There are several categories that encompass most incidents that can arise in a divorce. The first is inhuman/cruel treatment. When your spouse has put you in physical or mental danger, you could have grounds to file for divorce.

When your spouse leaves you for a period of one year or more, you could claim abandonment. This includes your spouse locking you out of your marital home or refusing to have sexual relations with you for over one year. Finally, if your spouse has been in prison for three years or more, you could file for divorce. You can file for divorce while your spouse is behind bars or has been released from jail for a period longer than five years. Have questions about moving forward with divorce? Take the time to speak with a family law attorney.