Under the current law of the State of New York, certain requirements must be met before a lawyer may be able to file your uncontested divorce in New York. First and foremost is that you and your spouse must agree on grounds. Grounds for New York divorces include the following:
- Abandonment (must be for more than one year)
- Constructive abandonment (either you or your spouse has refused to have sexual relations for more than one year)
- Written separation agreement
- Cruel and inhumane treatment
For members of the military, these grounds for obtaining a divorce in New York often are not present. Unfortunately for those in the military seeking a divorce in New York, the uncontested divorce process cannot go forward.
However, a bill has been passed by the New York State Legislature and currently awaits the signature of the Governor of New York abandoning the requirement of grounds and turning New York into the final state to adopt the practice of no-fault divorce. When this bill is ultimately enacted in the coming months, divorce in New York will become significantly more practical, as the issue of grounds will no longer be a stumbling block.
A New York divorce lawyer at Brian D. Perskin & Associates P.C. will only represent you. Under no circumstances will a lawyer at our office represent both the husband and wife. There are ethical principles involved, and our Firm takes these into close consideration. When you work with an attorney at our firm, we will go through the key issues surrounding your divorce.
We will also prepare all legal documents for the execution of your divorce and send them to your spouse so they can be signed. Your attorney will listen to what you have to say and answer all of your questions. We pride ourselves in providing our clients with the information they need keep the process simple, prompt, and painless.