In New York, divorce petitioners like Todd J. Zimmer Law Firm follow specific guidelines to avoid unnecessary errors. These errors could lead to unnecessary delays or issues that shift the terms of the agreement. The following are FAQs you should ask your divorce attorney in Smithtown.
What Grounds Are Available to Petitioners?
The most common divorce grounds used are irretrievable breakdowns. This implies that the couple cannot continue the marriage. They don’t assign blame against each other. The fault is shared.
Abandonment is defined by a willful absence of the spouse. The defendant must choose to live and stay apart from the plaintiff for at least one year. If the plaintiff doesn’t know their spouse’s location, they must initiate service by the public. This means that they submit an ad in the newspaper to notify their spouse of the impending divorce.
Inhumane treatment is also encompassed in domestic violence allegations. Each of these grounds defines abuse by the spouse. They may also include violence towards their children or other children in the same household. Typically, police reports provide sufficient evidence for these grounds. A protection order is also possible for victims.
Adultery is another fault-based ground used in the state. It defines the infidelity of either spouse. It could affect the terms of a prenuptial agreement. These agreements are upheld by the state of New York. Evidence used most often for these cases are video footage, photographs, and electronic messages.
How Long Should the Couple Be Separated?
For a divorce case, the couple must live separately for at least six months before filing for a divorce. This applies to all cases except instances of domestic violence or abuse. The court can intervene in cases in which a spouse is in danger. Under these conditions, the waiting period is eliminated.
In New York, divorce petitioners must begin their case by identifying the grounds. Next, they work with their attorney to create an agreement. If they cannot acquire a signature from their spouse, mediation is needed. The events that follow define whether or not a divorce trial is needed. Petitioners who need to file for a divorce hire a divorce attorney in Smithtown today.
