Divorce

New York Divorce Lawyer Robert G. Smith, Esq.

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You don’t need permission from the state of New York to date someone, or to have children or to establish the rules in your household. But if you are getting divorced, the rules suddenly change. Now you are playing by the state’s rules. At the law firm of Robert G. Smith, I will explain your rights and advocate to enforce them.

Grounds for divorce in New York

No-fault divorce does not exist in New York. New York is one of the few states that requires proof of marital fault. In New York there are five grounds for divorce:

1. Cruel and inhuman treatment.
2. Abandonment for a period of more than five years (or constructive abandonment, which is refusal to have sex for a period of more than one year).
3. Adultery.
4. Conviction of a felony.
5. Disappearance for three years.
6. Living apart for one year pursuant to a separation agreement.

In most divorce settlements, the spouses usually agree that one of them will proceed to an uncontested divorce on the grounds of constructive abandonment, which is the most innocuous of the five grounds. In a contested divorce, we may have to seek a divorce on the grounds of cruel and inhuman treatment. Generally speaking, the longer the marriage, the harder it is to get a divorce on the grounds of cruel and inhuman treatment.

While you have a right to a jury trial on grounds for divorce, many judges do not want to have the spouses spend the time to try the issue of grounds for divorce. The two spouses will often be encouraged to come to an agreement for an uncontested resolution of the issue of grounds for a divorce so the court can focus on the important child custody and economic issues in the divorce process: spousal support, property division and child custody.

What is involved in a divorce action?

A divorce action is a lawsuit. At a great expense the State Of New york maintains a Court system for the peaceful resolution of disputes such as a divorce. What we are doing during a divorce action is negotiating through the Court system for a settlement with your former partner. There may be a temporary spousal support order and a temporary custody and visitation hearing. There may also be legal skirmishes involving pre-trial discovery, all to make sure you get all of the important documents and bank records you are entitled to and require to enter into a fair and informed settlement.

Many people think of a divorce action as a fight to the last dying dog. This is seldom the case. Most divorce cases are settled out of court. As your attorney, I will work to give the other party a very strong inducement to come to the table and settle on terms that make sense for you.

Some spouses don’t want to settle. Divorce trials are both complex and costly, and for these reasons you need a lawyer who understands the laws of evidence and how to efficiently prepare your case for trial.

Serving matrimonial law clients in the five boroughs of New York City, including Manhattan, Brooklyn, the Bronx, Queens and Staten Island, as well as counties of Nassau, Westchester, Putnam, Orange, Suffolk and Rockland.

Free Consultation: Call 212-499-0940

Nationally Recognized Divorce Attorney
Television Commentator on Divorce and Criminal Defense Issues