Legal Question in Family Law in New York

Divorce Laws

What are the NY state grounds for divorce? How does alimony and child support get determined? Is my unhappiness at home grounds for divorce?


Asked on 4/14/09, 10:42 pm

2 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: Divorce Laws

Some of the grounds for divorce in NY are: adultery; abandonment; cruelty; and separation for at least a year.

How old are the children of the marriage?

This information will help answer your child support question.

How long have you been married?

Are you employed?

Do you make more than your spouse?

These are some of the factors used to determine alimony.

Patricia Martin-Gibbons

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Answered on 4/15/09, 4:19 pm
Kristen Browde Browde Law, P.C.

Re: Divorce Laws

New York has six grounds for divorce. Four of the "grounds" are based on the "fault" of one of the parties cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more years, and adultery. The other grounds one year of living apart under a separation judgment granted by a Court, or under a separation agreement signed by the parties, enable us to obtain a "no-fault" divorce, in which neither spouse is judged to be at fault, provided that the spouse seeking the divorce has substantially complied with the provisions of the judgment or agreement.

Unhappiness at home is not grounds for divorce... but grounds can often be discovered after a consultation with a matrimonial attorney.

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Answered on 4/14/09, 11:30 pm


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