Grounds for Divorce

Brooklyn Divorce Lawyer

New York is different than every other state in that the only "no fault divorce" is where a valid separation agreement has been signed. Some valid reason must be presented to the Court in order for it to issue a divorce decree.

Acceptable grounds for divorce include:

• Legal separation (by agreement of judgment)
• The incarceration of a spouse for at least three years
• Cruel and inhuman treatment
• Adultery — requires corroborating evidence
• Abandonment
  • Physical abandonment for at least a year
  • Lockout abandonment for at least a year
  • Sexual abandonment for at least a year (constructive abandonment)

In reality, courts recognize that there are marriages which can no longer go on because of basic differences, mutual incompatibility, and so on. Yet under the law, unless you have a valid separation agreement, one party must be found at fault in order for a divorce to occur. In many cases, one party consents to a divorce on the grounds of "constructive abandonment" while neither admitting to nor denying the grounds, and that is used as the grounds for the divorce.

An attorney at Angela Scarlato & Associates can explain the divorce process, explore possible grounds for a divorce, and discuss the related issues that need to be resolved. If we represent you, we will work to protect your rights and interests throughout the divorce process.

Call 718.522.6118 for a free consultation.

Changing Darkness into Light

The decision to seek a divorce usually comes after much soul-searching, anxiety, emotional turmoil. At Angela Scarlato & Associates, we recognize the emotional toll that the breakup of a marriage can cause.

We help our clients through the process by identifying their goals and vision for life after divorce. At the same time, we also work to protect our client's rights and interests to the fullest degree possible. The proper resolution of issues such as property division, child support, and child custody and visitation can play an important role in providing you with a sense of security and peace of mind after you divorce.

With the help of Angela Scarlato & Associates, you can move from the darkness into light.

For a free initial consultation with Angela Scarlato & Associates call 718.522.6118 or contact us online. Our firm represents clients in Brooklyn and the other New York City boroughs.