divorces

With a primary focus on Divorce Law, the Law Offices of Luis R. Trujillo, Jr. can explain your rights and options and help you make good decisions right from the beginning.  Mistakes you make today could impact the final order in your divorce.  Below is an overview of Divorce Law. If you are considering a divorce, please call the Law Offices of Luis R. Trujillo Jr. at (631) 665-3087 for the Suffolk County office or (646) 509-2283 for the New York City Office.

DIVORCE OVERVIEW

Although divorces may be emotionally-charged, most divorces do not end up in a contested trial. More than likely, couples negotiate and settle such things as division of property, spousal support, and child custody between themselves, often with an attorney's help. Sometimes the parties reach an agreement by mediation with a trained mediator who tries to help husband and wife identify and accommodate common interests. The parties then present their negotiated or mediated agreement to a judge.  Approval is nearly automatic if the agreement appears to meet a minimal standard of fairness.

If the parties are unable to agree about property, support, and child custody, they may ask the court to decide one or more of those issues. The person seeking a divorce must state a ground for divorce in the papers filed with the court. New York only recognizes divorces based upon fault-based criteria, though the parties may agree to enter into a separation and have the separation agreement or judgment be the further basis for a divorce after one year. The parties may also agree to an uncontested divorce as long as one of the parties is willing to allege one of the fault-based grounds or has the requisite separation agreement or judgment.

Grounds for Divorce in New York

Cause of action for divorce in New York State made by plaintiff against defendant is limited to:

 

• Cruel and inhuman treatment (Domestic Relations Law §170.1)
• Abandonment for a continuous period of one year or more (DRL §170.2)
• Imprisonment for more than three years subsequent to the marriage (DRL §170.3)
• Adultery (DRL §170.4)
• Conversion of a separation judgment (DRL §170.5)
• Conversion of a written and acknowledged separation agreement after living separate and apart for more than one year (DRL §170.6)

One or more of these grounds for divorce must be used if one party to the marriage wants a divorce. The parties can also disagree over custody, child support, alimony, division of joint assets or who is going to pay legal fees. These are known as "ancillary relief" that are requested by one or both of the parties. All divorces, even uncontested, must be a based on one of the six grounds stated above.

 

The grounds do not include accusations of bad conduct against the plaintiff unless such bad conduct rises to the level of cruel and inhuman treatment.  
In New York none of the following are grounds for divorce:

 

• Irreconciliable differences
• Incompatibility
• No-fault
• Mutual consent
• No communication