DIVORCE

Four of the seven “grounds” for divorce in New York are based on the fault of one of the parties: cruel and inhuman treatment, constructive or actual abandonment for one or more years, imprisonment for three or more years, and adultery. The other three grounds: living apart for one or more years pursuant to either a written separation agreement or a judgment of separation, and the most recent and often used ground, is the irretrievable breakdown of the marriage for a period in excess of six consecutive months are considered a “no-fault” divorce - neither spouse is judged to be at fault.  There is no defense to the last no-fault ground for divorce of “irretrievable breakdown of the marriage.”

Law OLaw Offices of Harvey G. Landau LLP
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White Plains, NY 10601
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