Best Divorce Lawyer Putnam County
If you are looking for the best divorce lawyer in Putnam County contact Gregory Salant. If you are considering divorce, it's important to know the difference of fault & no-fault divorce as well as the grounds for divorce. The State of New York recognizes both fault and no-fault divorces. In order to prevail in a divorce action, certain elements must be proved. A divorce action can be dismissed if you fail to prove the elements required to file for a divorce. In New York, you must satisfy one of the grounds for divorce set forth in Domestic Relations Law §170.
Below is an outline of divorce grounds in New York:
- Cruel and inhuman treatment: “Cruel and inhuman treatment” by your spouse means that their conduct endangered your physical or mental well being making it unsafe or improper to cohabit with them.
- Abandonment for a period of one or more years: This consists of the unjustified leaving of the marital home by one of the spouses without the consent of the other party. It also implies that a spouse was locked out by the other spouse from their marital residence.
- Imprisonment after the marriage: One of the spouses was confined in prison for three consecutive years after the marriage at the time the divorce action on this ground was commenced.
- Adultery: Adultery cannot be proved by the spouse’s direct confession or other testimony. It can only be proved by direct evidence or circumstantial evidence. An act of adultery must be brought within 5 years of the discovery in order to file for a divorce on these grounds.
- Judgment of Separation: To commence a divorce action based on a Judgment of Separation, both spouses must have lived apart following a “Decree of Separation” or “Judgment of Separation” given by the court, for at least one year. The couple must also allege and prove that they performed all of the terms and conditions of the judgment or decree.
- Separation Agreement: This ground can be used in New York to secure a no-fault divorce. Both spouses live apart following an “Agreement of Separation” for at least one year. To commence a divorce action based on the separation agreement, both spouses must allege and prove that they obeyed all of the terms and conditions of the agreement.
- Irretrievable Breakdown: This ground is known as the “no-fault” ground in New York. It means that the relationship between the spouses broke down irretrievably at least for a period of six months. The court can grant a divorce on this ground only when spouses settle or decide on issues pertaining to property, custody, visitation, spousal support, and child support.
Contact an experienced divorce attorney in New York!
Filing for a divorce can be complicated if you are not familiar with the legal processes and paperwork. If you have questions about divorce and are looking for the best divorce lawyer in Putnam County, contact Gregory Salant. He will guide, counsel and help you understand your choices and will work with you to achieve the best possible results as quickly and cost-effectively as possible. Call today at 914-683-2500 or email firstname.lastname@example.org for a free consultation.