The First Steps in Obtaining a New York Divorce

In 2010, New York became the final state to introduce no-fault divorce. To obtain this type of divorce, one of the spouses must affirm that the relationship has been irreparably damaged for at least six months.  But even simple, uncontested divorces require detailed paperwork to be filed. Jurisdiction lies with the Supreme Court in the county where the couple resides. Brooklyn residents must file with the matrimonial clerk in the Supreme Court, Kings County, and must serve the other party with a Summons with Notice. Even in a no-fault divorce, the parties still must resolve issues of property division and child and spousal support either in court or by an agreement.

New York still grants divorce on the following fault grounds as well:

• Cruel and inhuman treatment — This covers not just physical abuse, but also threats and verbal, mental and economic abuse within the previous five years.
• Abandonment — If one spouse leaves for a continuous period of at least one year without the other’s consent, it is considered abandonment and grounds for divorce.
• Imprisonment — A divorce can be granted if a spouse is in prison for three or more continuous years after the marriage.
• Adultery — Though many couples break up due to adultery, using it as grounds for a fault divorce requires evidence, such as a third-party affidavit, that can be difficult to obtain. Obtaining a no-fault divorce might be a better option.

No matter what type of divorce you are seeking, at Goldberg Sager & Associates, Attorneys at Law, our divorce lawyers can represent you effectively.  To schedule a consultation with an experienced Brooklyn matrimonial attorney, call 718-514-9516 or contact us online.