Grounds for Divorce in Hamlin, NY

If you are looking to file for divorce, it’s important to know the various grounds for divorce in Hamlin, NY, as well as the various stages of the legal process. The process of filing for divorce can look different for everyone, which is why you should have a grasp on the state laws that can impact your case.

The Grounds for Divorce in New York

While most people cite an irretrievable breakdown as the reason for their divorce, there are many potential grounds for divorce in New York. These include:

• Abandonment – if a spouse has abandoned their partner for at least one year. There are two main categories of abandonment defined in New York law. The first refers to a spouse physically leaving the home with the intent of never returning. The second is known as constructive abandonment and refers to a spouse’s refusal to have sex with their partner for a year or more.
• Cruel and inhuman treatment. In order to use this ground, you must have proof of cruel acts committed within the last five years. These acts must be at a level that puts the plaintiff’s physical and mental well-being in danger.
• Divorce after a legal separation agreement. If you are planning to divorce on the grounds of legal separation, you and your spouse must be living apart from one another for one year.
• Divorce after a judgment of separation. This refers to a situation wherein the court draws up a judgment for one party to owe the other. It’s one of the less common grounds for divorce in New York.
• Imprisonment. If one spouse has been in prison for three or more years in a row, the other spouse can file for divorce on the grounds of imprisonment.
• Infidelity. This ground can be hard to prove without solid evidence, so it’s important to document everything and collect as much relevant information as possible. To use this ground, the plaintiff has to show that their spouse was unfaithful in their marriage.
• Irretrievable breakdown. In the state of New York, the majority of divorce filings are typically no-fault divorces on the grounds of irretrievable breakdown.

By knowing more about the divorce process in Hamlin, you can better prepare yourself for the legal journey ahead of you. As of 2023, New York has maintained a fairly low divorce rate, averaging 2.3 divorces per 1,000 inhabitants. That said, it’s important to have representation you can trust if the time comes for you to file for divorce.

How to File for Divorce in Hamlin, NY

Divorce cases in Hamlin, NY, fall under the jurisdiction of Monroe County, so you can expect to have to file paperwork with the Monroe County Clerk’s Office in Rochester, NY. You can find the office at the corner of West Main Street and Fitzhugh Street. It’s across the street from the Times Square Building.

New York recognizes both at-fault and no-fault divorces, so you must determine the grounds for yours. No-fault divorces are the most common in New York because they are an easier, less contentious way out of a marriage.

The next part of the process is determining if the divorce is contested or uncontested. Essentially, this means identifying whether you and your spouse are on the same page about the terms of your divorce. This typically includes things like spousal maintenance, child custody, child support, spousal maintenance, property division, and more.

Once you know what type of divorce you’re filing for, you can begin filling out all the proper forms from the New York State Unified Court System website, completing all necessary paperwork, and filing your case with the county clerk’s office.

From there, you’re likely to:

• Serve your spouse
• Await their response
• Enter negotiations
• Go to trial (if necessary)
• Finalize the divorce

Navigating the legal process after filing for divorce can be challenging, especially as you’re juggling all the emotional aspects of your divorce. A Hamlin divorce attorney can help guide you through the right steps and represent you in court.

FAQs

What Is the Difference Between a Divorce and an Annulment in Hamlin, NY?

Both annulments and divorces can legally end marriages, but the processes differ from one another in some key ways. Divorce is a legal process of terminating valid marriages, while annulment is a legal process that dissolves invalid marriages. Annulment declares a marriage null and void because certain circumstances made the marriage invalid from the start.

What Happens to Property During a Divorce in New York?

Under New York’s Equitable Distribution Law, the court is required to divide marital property as fairly and equitably as possible, depending on the circumstances surrounding your divorce. In most cases, marital property shared between the spouses is divided 50/50 unless there are other aggravating factors affecting your divorce.

Do You Need to Be Legally Separated Before a Divorce in Hamlin, NY?

If you are filing a no-fault divorce in New York, you do not have to be separated from your spouse for any specific amount of time before filing. However, you do have to meet certain requirements if you are filing an at-fault divorce. For example, you must be living apart from your spouse for at least one year if you are filing on the grounds of separation.

What Are the Irretrievable Breakdown Grounds for Divorce in New York?

If you are filing a divorce on the grounds of irretrievable breakdown, you’re stating that your and your spouse’s relationship has been broken beyond repair for at least six months. You can get a divorce on these grounds as long as all the terms of your divorce have been settled.

Learn More From a Skilled Hamlin Divorce Attorney Today

If you are seeking to end your marriage in New York, learning more about state and federal laws is a great way to prepare yourself for a smooth divorce case. Navigating the legal process can be challenging, which is why it’s helpful to work with a trusted Hamlin divorce attorney who is committed to you and your case.

At Trotto Law Firm, P.C., our lead attorney comes from a long line of lawyers who have been representing New York residents for generations. If you’re interested in learning more about how we can assist with your case, reach out to our office to set up an appointment today.