Divorce
Why Divorce?
“Time is the most valuable thing you have; be sure to spend it well.” – Lyndon Johnson
Divorce is a painful process and not something anyone envisioned they would have to go through when they married. Even with the best of intentions and lots of hard work, unfortunately sometimes marriages fail. It is important to remember that when a marriage is not working, it does not have to be a life sentence. No one has to live in misery. There is a way out.
There are many reasons why people choose to end their marriages whether it is due to emotional and/or physical abuse, adultery, or simply because they are unhappy in the marriage for a variety of other reasons. Luckily, people seeking a divorce in New York no longer need to prove “grounds for divorce” and can proceed with a divorce based on “irretrievable breakdown of the marriage for six or more months” provided that all other issues arising out of the marital relationship are resolved.
Today, as per the law of the State of New York, people can get divorced for the following reasons:
- Cruel and Inhuman treatment
- Abandonment for one (1) or more years
- Incarceration for three (3) or more years
- Adultery
- Living separate and apart for one (1) or more years pursuant to a separation agreement
- Irretrievable breakdown of the relationship for at least six (6) months
Divorce is a painful process and not something anyone envisioned they would have to go through when they married. Even with the best of intentions and lots of hard work, unfortunately sometimes marriages fail. It is important to remember that when a marriage is not working, it does not have to be a life sentence. No one has to live in misery. There is a way out.
There are many reasons why people choose to end their marriages whether it is due to emotional and/or physical abuse, adultery, or simply because they are unhappy in the marriage for a variety of other reasons. Luckily, people seeking a divorce in New York no longer need to prove “grounds for divorce” and can proceed with a divorce based on “irretrievable breakdown of the marriage for six or more months” provided that all other issues arising out of the marital relationship are resolved.
Today, as per the law of the State of New York, people can get divorced for the following reasons:
- Cruel and Inhuman treatment
- Abandonment for one (1) or more years
- Incarceration for three (3) or more years
- Adultery
- Living separate and apart for one (1) or more years pursuant to a separation agreement
- Irretrievable breakdown of the relationship for at least six (6) months
Types of Divorce
There are two types of divorce actions in New York – contested and uncontested. While each must address the same issue which arise from the marital relationship, such as custody, parenting time, child support, spousal support, equitable distribution of the marital assets and counsel fees, they are uniquely different with regard to procedure, time involved and expenses involved. These are the nuances attorney Ella Royzman can explain and discuss with you so that you can make an informed decision regarding what is in your best interests.
Whether you are ready to start your divorce or are just looking to get more information regarding your options, the procedure and what your rights are, we encourage you to speak to our experienced and knowledgeable matrimonial attorney Ella Royzman who can properly advice you. Divorce can be tricky, particularly when there are children and property issues that need to be addressed. You must seek expert legal advice and know your rights and responsibilities.
Whether you are ready to start your divorce or are just looking to get more information regarding your options, the procedure and what your rights are, we encourage you to speak to our experienced and knowledgeable matrimonial attorney Ella Royzman who can properly advice you. Divorce can be tricky, particularly when there are children and property issues that need to be addressed. You must seek expert legal advice and know your rights and responsibilities.
Annulments
Under certain circumstances, it is possible to end a marriage through an annulment. Instead of being “divorced,” it will be as though the marriage never happened because the marriage was “void” or “invalid” from the start. Today, as per the law of the State of New York, people can get an annulment for the following reasons:
- One or both spouses were under age 18 at the time of the marriage
- One or both spouses were unable to consent to marriage due to mental incapacity
- Either spouse is physically unable to have sexual intercourse
- Either spouse was incurably mentally ill for at least five years, or
- The marriage consent was obtained by duress, coercion or fraud.
As an experienced and knowledgeable attorney, Ella can explain the pros and cons of getting an annulment versus a divorce, along with the procedural differences between the two so that you can make a wise and informed decision as to what is the best course of action for you.
- One or both spouses were under age 18 at the time of the marriage
- One or both spouses were unable to consent to marriage due to mental incapacity
- Either spouse is physically unable to have sexual intercourse
- Either spouse was incurably mentally ill for at least five years, or
- The marriage consent was obtained by duress, coercion or fraud.
As an experienced and knowledgeable attorney, Ella can explain the pros and cons of getting an annulment versus a divorce, along with the procedural differences between the two so that you can make a wise and informed decision as to what is the best course of action for you.
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