Grounds for Divorce in NY

[censr23]

My wife recently told me that she wasn't happy in our relationship and wanted out. She does not want to be with me and because of that reason, I obviously do not want to be in the relationship either. She has just filed for divorce, but the papers read cruel and inhumane treatment as the grounds, but that isn't even remotely close to true. We do not have children and have very little that needed to be divided, and we came to an agreement on all items. My only concern is the grounds for divorce. Will this ground negatively affect me in any way? (ie. a job, credit scores, etc.) Or is it just words on paper?

 

[army judge]

Just words on piece of paper. You can cross file and claim irreconcilable differences. Make it simple and file no fault. But, you both have to agree.


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[censr23]

Thanks Army Judge! I thought that was exactly what we were going to do, but NY does not allow "no fault" or "irreconsilable differences" as grounds for divorce. Abandonment, cruel and inhumane treatment, and adultry are the only three options. Neither of which occured.

 

[army judge]

If you have other addresses in other states, you could try ID.

There's always Nevada, too.
Good luck.



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[irish223]

If you're concerned about the fault grounds and willing to wait a year, you can file for legal separation and then file for divorce after one year of living apart. No additional grounds are needed in that case.

 

[censr23]

Thanks irish, do you by chance know if it is a year from when we separated, or a year after the official paperwork?

 

[irish223]

Sorry, I'm not sure if the agreement has to be filed or not before you can start the count-down. I imagine that an initial consultation with an attorney can clear that up, and many offer a free first consultation.

Good luck!