Divorce Law Court Case in Queens

Divorce Rates Are Low in NY: For The Wrong Reasons

Divorce Isn’t So Common In NYC – But it’s nothing to Smile About

If you’ve never gone through a divorce process, then you should think twice before filing for this stressful and emotionally draining ordeal. Even when it’s uncontested, divorce has tons of energy-draining issues and processes that have to be satisfactorily filled before the request to goes through. In the state of New York, divorce is granted when:

  • It meets the residency requirements.
  • Party (or parties) has adequate legal grounds for the divorce.

But as much as divorce is quite commonplace all over the US, some recent statistics show that it’s only New Jersey that records fewer rates of divorce than the state of New York. Bizarrely, this doesn’t mean couples in New York lead a happy, healthy lifestyle in the marriages. The low rates of divorce are blamed on the long, rigorous and expensive process involved, what all the other states don’t have. As you can see, divorce laws in NY are anything but basic.

What’s involved? – The Costs

It’s undeniable that the whole divorce process is expensive in New York. Filing alone requires a whopping $335, a figure that’s abnormally higher with only four other states (California, Illinois, Florida and Minnesota) changing more. What’s even more heartbreaking is the fact that the average cost across all the others is $100, with Mississippi charging a paltry $52 only!

Maybe $335 is little or even nothing on your wallet. However, when you factor in the payments charged by the attorney and other expenses involved, you will readily agree that divorce in New York is arguably the most expensive. And because of this, many often fear to go this route and instead choose to stick to their boring or abusive marriages rather than splitting up.

Legal Grounds for Divorce in New York

For the divorce to materialize in this state, the phrase “irreconcilable differences” isn’t adequate to convince the jury and the judges. The seven legally acceptable “grounds for divorce” in NY are:

  1. No-fault divorce – a total and irretrievable collapse in the marriage with the period lasting for six consecutive months.
  2. Cruelty – if there have been any acts of inhuman treatments, either physically or mentally, between the two parties in the last five years.
  3. Abandonment – if one spouse had abandoned the Plaintiff for two years and never showed any sign of returning. Also, “constructive” abandonment whereby one party refused to engage in sexual activity with the other one.
  4. Imprisonment – if the spouse has been jailed for three or more years and is still in prison.
  5. Adultery – the plaintiff will have to prove that the spouse engaged in the adulterous behavior.
  6. Divorce after a legal separation – the two will sign a valid separation agreement and leave separately for a year.
  7. Divorce once the Supreme Court says so.

Getting trapped in an abusive marriage isn’t a pleasant experience. However, convincing the courts that divorce is the preeminent decision for all concerned parties isn’t a simple task either. Even when the marriage isn’t working, the jury will have to sit and come up with a sober decision, which may not go your way.

Thankfully, a family law attorney will lessen the pain and the process. With an attorney, divorce will become shorter and more affordable. More than that, the lawyer will convince the court that separation is the best alternative.

Aronov Esq Contested Divorce Lawyer 98-14 Queens Boulevard Flushing, NY 11374 (718) 206-2050 http://divorcelawyernys.com

Divorce in NYC, woman alone

Absolute Divorce Versus Limited Divorce: Legal Lowdown

Well, its finally happened. After a lot of tears you have reached the point where no matter what you try there is no way to recover your marriage, no matter who’s fault it is. Luckily there are options.

Some states have differing views on divorce law and they usually differ from the federal laws.

Here are some of the different types of divorce that you can file for.


Absolute divorce

An absolute divorce is a marriage that has been terminated due to marital misconduct or a crime has been committed causing the marriage to no longer be viable. Usually in a case such as this, once the divorce has been processed the parties involved are considered legally single.


Limited divorce

Another type of divorce would be a “Limited Divorce” that in itself is normally accompanied by a decree of separation. With a limited divorce is, in the eyes of the law, you are still legally a married couple even though your cohabitation has been terminated.


One thing to keep in mind is the fact that divorce decrees can be contested/appealed with a BAR certified divorce attorney. In these cases, the parties involved will usually have issues that the courts will need to resolve. One of the main reasons for a contested divorce is child custody, shared properties, or even monetary accounts or bonds.


In regards to child custody, that is something that is usually left to the decision of the parents unless the courts feel that they must intervene for the psychological and physical well being of the child. In such cases one of the parents may have restrictions and or requirements put in place before they are allowed access to the child.


Another thing to remember is alimony. In most cases the courts are going to review both parties and will look at things such as their net worth. This includes income, property, etc, and may require child support and or living assistance payments — alimony.


The United States has seen an exponential influx of divorce cases, which has also seen a large increase in divorce lawyers. This can be helpful as it allows you to “shop around to find the right one for you. The influx itself may be due to a recent change found in divorce laws that allow for “no fault” divorces, and allow a divorce for “other” reasons. Either way, you are guaranteed to find numerous lawyers in your state. Just be sure to research the lawyer before you choose them to ensure they have passed the bar.


Last piece of advice, if you can, try to settle a divorce without having to resort to going to court. Most divorces can be settled in such manner, saving both parties undue stress, emotional pain, and financial loss. If both parties are able to agree to the terms of the divorce and sign the agreement then it allows them to avoid a courtroom and can usually fast track the divorce.


One of the biggest things to remember is when you’re meeting with the judge to process the divorce, be honest and don’t try to hide anything. They will take that into account.

Contested Divorce Lawyers wedding ring image in NYC

What To Consider When Looking For a Family Lawyer

So, you have decided to seek out a family lawyer, either for a divorce, legal separation, etc. In this article we are going to discuss some of the things you should look for when choosing your family lawyer. We will also discuss some of the most basic but essential things that need to be resolved.

One of the first things to look for in a family lawyer is their success rate. This is usually gauged by the number of cases they have handled and won in the court room. Normally their success rate can play a factor in proving their level of experience. The next thing to look at is their exact field of family law, are they going to be able to provide the specific service that you need? Can they help in any other fields should an issue come up, like child custody, or even any criminal issues if it is necessary?

After checking all these factors and settling on a family lawyer who suits your needs you should sit down with them and come up with a game plan. Your plan should cover such things as the following:

Financial Matters:

These include any bank accounts, stocks or bonds, and anything that is shared jointly by both parties.


These include vehicles, land, houses, and even personal possessions such as pictures, jewelry, etc.


If you are like most people you’re going to have some built up. It may be a house mortgage, a car loan or personal loans, etc. Usually if it is a debt that is jointly shared, the attorney will try to balance it out. Such one person taking a debt and the other taking separate debt to balance things out and satisfy both parties.

Life Insurance:

Something to consider is that most couples these days have life insurance and the spouse is the beneficiary, this will usually need to be resolved and beneficiaries changed.

Last but not least and also one of the most major issues that need to be resolved is financial support and child custody. This is an extremely complex matter as it is strictly regulated by local laws. This is where your family lawyer needs to excel. Having a proficient family lawyer will ensure that both parties are satisfied or at the least their client is satisfied with the agreement when it comes the the child custody and or financial support.

This is not usually an easy process but that is why the family lawyer is there. They will always do their best to try to create a smooth process and the least amount of stress for their client.
One last piece of advice is not use a friend as your lawyer– even if they are a BAR certified divorce or family lawyer. This usually causes serious issues with your friendship by putting that friend in an uncomfortable position, and can also lead to a conflict of interest as well. You need someone who is neutral and not associated with either parties involved in the case.

Aronov Esq Contested Divorce Lawyer 98-14 Queens Boulevard Flushing, NY 11374 (718) 206-2050 https://divorcelawyernys.com

Contested Divorce Lawyers wedding ring image in NYC

Legal Rights & Obligations With Prenuptial Agreements

A prenuptial agreement is very similar to insurance policies in the sense that you go to the trouble of getting one but hope you’ll never have any use for it. With the staggering number of divorces occurring in the first 7 years of marriage recently (roughly half of all couples in the most recent decade go through divorce), you and yours should at least consider the option before getting married.

Nobody knows what the future brings and, purely statistically speaking, there is a good chance that you find yourself going through a costly and emotionally taxing divorce. A prenuptial agreement is a precaution that benefits both parties.

What is a prenuptial agreement exactly?

A prenuptial agreement or a prenup, is a signed agreement between two people who want to get married. The document lists down their rights and obligations in the event of a divorce and includes information on how their assets and properties should be divided.

Why go to the trouble of getting one?

Divorces are rarely ever clean and smooth processes. Disagreements on how to split assets are very common and are often accompanied by biased feelings from one or both parties. There are disagreements on assets such as stocks, houses, bonds, and finances. There is also the issue of alimony which would take a whole other article to discuss.

How does the typical prenuptial agreement “work”?

Let’s say that the husband has $250,000 to his name before his marriage. A prenuptial agreement allows him to keep that same $250,000 after a divorce and can also include all assets bought with that same $250,000 depending on the prenup. If the prenuptial agreement were not in place, the wife would likely be awarded half or more of that $250,000. It depends on the financial circumstances of both parties.

I don’t have large assets, should I still get a prenup?

Not too long ago, only those with substantial estates had commonly gotten prenuptial agreements. But everybody, regardless of what they own now, always has something to protect. The future brings unlimited possibilities and you can never be sure what you’ll become. You could start a company and make a fortune or find yourself in a lucrative profession. Before dismissing a prenup entirely, take a good look at your situation and decide whether or not you want to take measures to safeguard your long-term future

What can prenuptial agreements cover?

Prenuptial agreements can be simple documents with only a few pages with clear and concise means of separating your assets from your spouse’s. It can also be very complex and taking up dozens of pages covering all possible angles such as income, debts, alimony, children, and countless other things.

How do I bring it up with my future spouse?

It all boils down to this. For most couples, this is an awkward and difficult issue to bring up that requires good timing. Generally, you will want to do it sooner rather than later and give your future spouse time to digest and take this fact in. Some days or weeks before your scheduled marriage is not an ideal time to raise the issue. You should both take time to negotiate the “prenup” terms until both of you feel it is fair.

Others have tried passing the responsibility to someone else and saying their parents or their business partner demanded it of them for their own security. But honesty in the matter typically yields better results.

If you find it difficult to approach, remember that there are different perspectives to everything. A prenuptial agreement completely bares all your assets to your future spouse — giving them a deep and detailed look at your financial worth. Deep trust is needed within both parties for such openness.

Contested Divorce 101: Legal FAQ

divorce law cartoon in NY If you are married couple that realizes that both you and your spouse want to end the marriage, a divorce is the only way to legally make it happen. There are various requirements to comply with and steps to follow when filing a divorce depending on your state or country laws.

What is an uncontested divorce?

When the spouses have agreed to end their marriage as well as the various issues that go with the divorce, then the divorce is considered an ‘uncontested divorce’. In this type of divorce, the couple comes to an agreement on the divorce issues and are willing to meet halfway in terms of the division of their marital properties, debts, custody of their children, and payment of child and/or spousal support is discussed and settled.

What is a contested divorce?

Unfortunately there are instances where the couple does not agree on one or all of the issues of their divorce. When this happens, a lengthy, more expensive, and stressful process of filing a ‘contested divorce’ follows.

When both spouses disagree on how to divide their properties, finances, debts, and custody rights of the children and matters regarding child/spousal support, then they need to file a contested divorce. When the matter is brought to the higher court, the judge decides on these matters until a conclusion is reached.

While a contested divorce means that spouses have disagreements regarding divorce issues, many times the couple can agree before they taking things to court.

Filing a divorce

The first procedure in getting a divorce is to try to work things out without the need to take things to court. Sometimes, when spouses do not agree on their terms, they use mediation and arbitration to settle their concerns with the help of their attorneys. This saves time and stress brought about by lengthy court procedures. Couples get to reduce each other’s hostility and both parties can focus on their lives.

Issues in contested divorce

In a divorce where couples are in dispute with some issues, everybody will need to set aside time to prepare for lengthy divorce proceedings. These always involve more stress on the couple as well as the children. In addition, the longer it takes, the higher the legal fees incurred.

Among the common issues in contested divorce are complex problems between the spouses and the situation, high financial stakes, and the need to go through technical legal procedures.

An uncontested divorce can proceed without an attorney but a contested divorce may prove the necessity of a litigation with the help of lawyers. When there are difficult financial issues and one spouse starts to hire an attorney to represent themselves, then the other spouse must have an attorney also. If no settlement can be made between the two parties, then everybody goes to the court.

What you can expect

1. Complex issues

This involves issues pertaining to the spouses’ preferences in the custody, financial issues, and other issues presenting problems. Often times these complex issues are the personal issues between the couple, and other problems that hinder the couple to reach a consensus on financial matters such as debts, conjugal properties, custody, and support.

2. High financial stakes

There are much more expenses involved when couples file a contested divorce since the couple needs to go through the whole process of the divorce proceedings. The longer it takes for them to agree, the higher the expenses that will be incurred due to attorney’s fees, court expenses, documents needed, and other related matters.

3. Technical legal procedures

There are numerous steps that need to be followed when filing a contested divorce. Get to know these steps below to better grasp the complexity of this type of divorce.

Hire an attorney.
File and deliver the divorce petition that includes the legal documents that states the grounds for the marriage breakdown.
The other spouse responds to the petition.
If you skipped hiring an attorney and got this far, you absolutely need an attorney to proceed.
The information gathering process follows where legal procedures to collect information from your spouse and other people are taken.
The pre-trial legal motions as well as hearings are conducted.
Lawyers submit proposals for settlement and negotiations.
If the settlement is not successful, they prepare for court.
Go through the court trial process and complete it.
If you still contest the trial judge’s decisions, file an appeal.

During the settlement phase, some couples can reach an agreement with the help of their lawyers. Everybody tries to help the couple agree on things for a smoother flow of the divorce process. However, if they still do not come to an agreement during that stage, then there is no other way but to take things to court.

Basic goal of the court

During the trial the couple and their witnesses are present. The lawyers from each camp cross-examine and question the witnesses on stand and afterwards, present their closing arguments. When the trial is completed, the court issues the final order and decides upon the issues and finalizes the divorce. This can take a very long time.

Contested divorces are complicated and it is recommended that couples try to open each other’s minds to agree on a win-win situation.

How a good lawyer can help

An experienced divorce lawyer can also help in the negotiation process as well as the technicalities that go with a contested divorce if the couple cannot agree with each other’s terms. When you get yourself into this kind of predicament, find a good lawyer that has a proven record of experience in this area as they are knowledgeable and experienced in the various details to be considered in a contested divorce.
Expertise can greatly help you fix the issues that go with your divorce. You can find experienced divorce lawyers online as well as those recommended by people who you already know. Talk to as many as you need to until you find one you are comfortable working with for some time.

Divorce Law documents NYC

Getting Divorced In NY- Basic Laws

In New York, when a marriage is legally terminated, there are two terms that refer to one and the same meaning: ‘Divorce’ and ‘Dissolution of Marriage.’ If you are among those planning and deciding to legally end your marriage, there are procedures that you need to undergo before you are given the ‘Divorced’ status.


Couples obtain a judicial decree through a court judgment. The judicial decree declares the dissolution of marriage and when it has been legally finalized. Couples are free to marry again but with some restrictions depending on some jurisdictions.


The divorce process may need to address some matters depending on the couple. Such as circumstances where both own properties and if they have any children are subject to the provisions to be made.  There may be division of properties and bills and at the same time, alimony, child custody, child support, spousal support, child visitation rights, and other relevant matters that need to be resolved.


At the start of the divorce, if the couple comes to an agreement on relevant issues they can have an uncontested divorce that lets them proceed with the succeeding steps in the divorce process unhampered. Uncontested divorces are much easier and faster and you may not need legal counsel.


Other couples do reach an agreement so soon with regards to the issues and the termination of their marriage. This is a contested divorce and these types of divorce are typically complicated and drawn out procedures. Legal counsel becomes necessary, with judicial intervention, in order to conclude the divorce procedures and and to work out terms agreeable to both parties.


Each state of the US may have its own codes, laws, and rules in handling marriage termination but there are common laws in all the states. There is hardly any uniformity and the divorce law and procedures in every state varies.


Though divorce law basics may sound simple enough, there are a few minimum requirements to get the divorce.


  • You must reside in your state for a specific period of time. While other states don’t require residency, a quick divorce may not be possible in some states.


  • The divorce must be filed in the state where you live and not where you and your spouse got married.


  • While other states are not that particular on this, some states require that both spouses have lived apart from each other for a certain period of time before they can file for divorce. Theory behind this is to ensure that both spouses are decided to live in separate ways. Make sure to ask your local attorney about the contested and uncontested divorce policies in your area.

These are just the basic divorce laws but it is always best to consult a divorce lawyer before filing your case to make it easier for you. Different states have different divorce laws and regulations. Make sure to get a divorce lawyer you can talk with freely so that they can more easily assist you with successfully filing for divorce and working out agreeable terms to expedite the procedure.

Aronov Esq Contested Divorce Lawyer 98-14 Queens Boulevard Flushing, NY 11374 (718) 206-2050 divorcelawyernys.com

Getting Married? Get A Prenuptial Agreement Lawyer

So you are finally deciding to get married. Well, has anyone mentioned a prenuptial agreement? also known as a “prenupt”. Maybe it hasn’t been brought up. You may want to take a look at some of the advantages of having a prenuptial agreement before taking that big leap into the realm of marriage.

Unfortunately, asking your fiancee to sign a prenuptial agreement is not going to be the most romantic thing ever done. Here are a few tips that can help you make it through it and show that you really do have their happiness in mind.

First things first, you need to understand what a prenuptial agreement is and what it is not. Usually a couple will not even bother to have the “prenupt” conversation because they are afraid that their partner will have suspicions about how strong you think the relationship is. But the best thing about having a “prenupt” is that it does exactly what it is supposed to do– it will either bring you closer together in your relationship and further strengthen it or it allow you both the ability to separate before things get so bad that you both commit financial suicide.

A good thing to know is that according to multiple family surveys, majority of both men and women are quite happy to discuss and sign a prenuptial agreement. Even more surprising is that women have a higher chance of suggesting the prenuptial agreement compared to men.

Who exactly does a “prenupt” apply to

Well it doesn’t matter what gender you are, a “prenupt” is going to be vital to everyone– especially young adults that are just starting out their careers and have decided to take the plunge. In New York the spouse is entitled to a significant percentage of the value of a professional license that was earned during the marriage or even a masters degree that was earned during the marriage.

In layman’s terms, if you were supported by your spouse, i.e. by being given gas money or lunch money during your time in school or as a business school student.  If you get divorced you may have been working the entire time for your former spouse. Basically what this means is your spouse invested in your education and under law they are entitled to collect on that investment.
Now this is where the prenuptial agreement comes into play. The “prenupt” allows you the ability to specify if your spouse will get a percentage, if anything, of your actual accumulated wealth. This can be quite helpful as it covers you financially. It can also protect any previous assets you have in place.

You may also enjoy reading about:

4 Tips For Finding The Right Divorce & Family Lawyer

Requesting Alimony After A Divorce: Your Legal Right

Child Support Enforcement Laws: Your Legal Rights

Aronov Esq Contested Divorce Lawyer 98-14 Queens Boulevard Flushing, NY 11374 (718) 206-2050 divorcelawyernys.com

Aronov Esq Contested Divorce Lawyer 1174 Coney Island Ave, Brooklyn, NY 11230 (718) 206-1014

divorce rings photo

Divorce Documents Checklist: Prepare These For Your Attorney

If you are getting ready to file for divorce, or are thinking about filing, there are a few things you can do to make the process smoother. Here are ten things you can do to help prepare for your divorce settlement negotiations:

1. Organize your finances. Getting to know and understand what you own, either individually or jointly, can help make the process of settlement easier and can give your attorney a chance to counsel you on the right path. Collecting the following documents could be helpful:

  • Tax Returns
  • Bank Statements, Investment statements
  • IRA and other retirement documents
  • Insurance policies
  • Real estate documents or leases
  • Trust documents
  • Records related to credit card debt
  • Vital records like Birth & marriage certificates and any pre or postnuptial agreements

2. Open a credit card, checking and savings accounts under your own name. Arrange for your salary to be deposited into your new account.

3. Establish a joint account for interim family expenses. 4. Hire a good attorney. Your divorce attorney can play a vital role in your future and that of your children. Choose wisely.

5. Evaluate your income and your budget after the divorce. 6. Determine the educational and other needs of your children and use the child support worksheet to figure out how much child support you may be entitled to.


7. Determine if you are eligible for alimony. http://www.nycourts.gov/divorce/calculator.pdf

8. Figure out how to keep/get health insurance for yourself and your children if you get divorced. 9. Get a handle on your retirement accounts and those of your spouse. Your attorney can help with this. 10. Take a deep breath and relax. Divorce does not have to be a nasty process. A good matrimonial attorney can fight for what you deserve and remember to cooperate when it will result in a better outcome.

You may also enjoy reading about:

4 Tips For Finding The Right Divorce & Family Lawyer

Requesting Alimony After A Divorce: Your Legal Right

Child Support Enforcement Laws: Your Legal Rights

Aronov Esq Contested Divorce Lawyer 98-14 Queens Boulevard Flushing, NY 11374 (718) 206-2050 divorcelawyernys.com

Aronov Esq Contested Divorce Lawyer 1174 Coney Island Ave, Brooklyn, NY 11230 (718) 206-1014

child support lawyer document

Child Support Enforcement Laws: Your Legal Rights

If Your Spouse Refuses To Pay Child Support or Maintenance You can bring a proceeding is the Supreme Court or Family Court for a support order if you do not have one. If your separation/settlement agreement or divorce judgment contains a direction to your spouse to pay maintenance or child support you can bring an enforcement proceeding in the Supreme Court or Family Court to enforce your divorce judgment. The Supreme or Family Court can grant you a money judgment against your spouse, direct him/her to put up security for future payments, appoint a receiver of his/her property or hold him/her in contempt of court.

You can also sue your spouse for breach of your separation/settlement contract. If the amount involved is less than $3,000 you can sue for breach of contract in Small Claims Court. You may also obtain an income execution for support enforcement from your attorney, the clerk of the family court or the support collection unit. You may obtain an income deduction order from the court. The Social Services Law states that these services be made available, upon application, to persons not receiving aid to dependent children. Application is made by (i) completing and signing a form prescribed by the Department of Social Services, or (ii) filing a petition with the court or applying to the court in a proceeding for the establishment of paternity and/or establishment and/or enforcement of a support obligation, which includes a signed statement applying for child support services.

The Domestic Relations Law requires a party to “opt-out” of child support enforcement services in writing. Otherwise, in theory although not in practice, they will be imposed. Any written application or motion to the court to establish, modify or enforce a child support obligation, for persons not in receipt of aid to dependent children, must contain either a request for child support enforcement services, which would authorize the collection of the support obligation by the immediate issuance of an income execution for support enforcement; or a statement that the applicant has applied for or is in receipt of child support enforcement services; or a statement that the applicant knows of the availability of child support enforcement services and has declined them.

Where child support enforcement services have been declined, the application or motion must contain a statement that the applicant understands that an income deduction order may be issued without other child support enforcement services and that payment of an administrative fee may be required. Once you invoke the court’s jurisdiction, you’re in it for the long haul.

When an order of support is being or is to be enforced by child support enforcement services, the court must direct that the child support payments be made to the Child Support Enforcement Unit, which must immediately issue an income execution for child support or combined maintenance and child support, and may issue an execution for medical support enforcement in accordance with the provisions of the support order. An exception for a child who is not in receipt of public assistance if a written agreement providing for an alternative arrangement has been reached between the parties.

The written agreement may include an oral stipulation made on the record which results in a written order. If the court issues an order of child support or combined child and spousal support on behalf of persons other than those in receipt of public assistance or in receipt of child support services, it must issue an income deduction order at the same time it issues the support order unless the court finds and sets forth in writing, that an agreement providing for an alternative arrangement has been reached between the parties. The agreement may include a written agreement or an oral stipulation, made on the record which results in a written order.

You may also enjoy reading about:

4 Tips For Finding The Right Divorce & Family Lawyer

Requesting Alimony After A Divorce: Your Legal Right

Aronov Esq Contested Divorce Lawyer 98-14 Queens Boulevard Flushing, NY 11374 (718) 206-2050 divorcelawyernys.com

Aronov Esq Contested Divorce Lawyer 1174 Coney Island Ave, Brooklyn, NY 11230 (718) 206-1014


divorce laws in NY

NY Law Requires “Grounds” For A Divorce

In the State of New York, a divorce is granted for a reason. You cannot “just get divorced.” This is because the state believes in the institution of marriage and believes that it should not be entered into, or gotten out of, lightly. For this reason, you must plead and prove something called grounds for your divorce. New York allows divorce based on seven different grounds, all of which are listed below. All of these grounds, except the last one, require proof. This means that you cannot just say that your spouse was engaged in adultery or that they abandoned you, you need to prove it. This is also why, since the last ground was introduced in July of 2011, it has become the most popular, because it does not require any proof.

  • Cruel and inhuman treatment: “Cruel and inhuman treatment” by your spouse. This means that your physical or mental health is in danger if you continue living together. There are many behaviors that are considered cruel and inhuman. If the abuse occurred more than 5 years ago, you cannot divorce for this reason if your spouse objects.
  • Abandonment: Your spouse “abandons” you for at least a year. This means that your spouse has left you, or kicked you out, and does not intend to return.
  • Imprisonment: If your spouse goes to jail for three or more years. However, if your spouse was released more than 5 years ago, you cannot divorce for this reason.
  • Adultery: Your spouse engages in sexual relations with another person during the marriage. However, you cannot use this ground if you forgive your spouse by having sexual relations with them after you discover the adultery, or commit adultery yourself. You also cannot divorce because of adultery if it has been more than 5 years since you discovered the adultery. To obtain a divorce on this ground, you must have testimony from another person besides you and your spouse or have other evidence that proves the adultery.
  • Judgment of Separation: You and your spouse have not lived together because of a “Decree of Separation” or “Judgment of Separation”, given by the Court, for at least one year. You must obey all the conditions of the decree or judgment. It is unusual to have a Judgment of Separation because it requires similar proof to that which is needed to get a divorce. Most people skip the Judgment and go directly to divorce.
  • Separation Agreement: You and your spouse have not lived together because of a written “Agreement of Separation” for at least one year. Both you and your spouse must sign this agreement before a notary. You must obey all the conditions of the agreement.
  • Irretrievable Breakdown (also known as “No-Fault” divorce: The relationship between you and your spouse has broken down irretrievably for at least six months. If you filed before October 12, 2010, you can not use this new reason. Also, you can only obtain a divorce based on these grounds after property, custody, visitation, spousal support, and child support have been settled or decided.