| No Fault Divorce |
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Contact Our NY Divorce Attorneys Now or Call 917-757-5574 or 516-767-2383 for a FREE Consultation! “No fault” divorce is not recognized in New York State. In order to have a cause of action for divorce in the State of New York, the plaintiff must allege one of six different grounds: (1) Cruel and inhuman treatment; (2) Abandonment for at least one year; (3) Adultery; (4) Imprisonment for three or more years; (5) Living apart pursuant to a judicial separation for one year or more; (6) Living apart pursuant to a written separation agreement for one year or more. When a client wants to obtain an uncontested divorce in NY, (if all the issues are decided between the parties they may agree to submit the papers to the court for approval) one of the parties must be willing to allege one of the fault based grounds or has the requisite separation agreement or judgment. When the defendant is served but does not answer the legal pleadings the plaintiff may seek a default judgment by application to the court. If the divorce is started with a Summons with Notice then the grounds will either have to be proven by plaintiff's affidavit or by testimony at an inquest if the divorce is uncontested or to be granted by default. Uncontested divorces are also granted after the defendant appears and waives the right to answer the complaint. In these cases the defendant neither admits nor denies the plaintiff's allegations, it is up to the plaintiff to prove the allegations by testimony or affidavit in such a case. Contact Keil & Siegel, L.L.P. today for a free consultation regarding your New York Divorce. |