Nassau County, NY, on What Legal Grounds Can I File for Divorce?

Feb 20, 2020 8:05 PM ET

Divorce is a very sensitive matter and it often results in major changes in many lives. Apart from the couple who plans to separate, the children involved also must face the changes, and the family members of both parties are obviously also affected as well. Going through a divorce can be very difficult for everyone who is involved which is why it is important to contact a divorce lawyer in Nassau County, NY to help take care of the legalities of the process.

In order to get a legal divorce or a separation, it is necessary for the couple to fit certain criteria. First, at least one of the two individuals should have been a resident of the state for a minimum of one year prior to the divorce. This ruling applies if the couple was married in the state they are trying to get a divorce in. At least one of them must have resided in the state for a continuous period of one year for them to be eligible for filing a legal divorce.

Once this criterion is fulfilled, a couple can file for divorce based on the following:


No-fault grounds

Getting a divorce based on no-fault grounds means that the divorce will be considered valid if one of the parties can attest that the marriage has been completely broken down to the point of no return for at least a period of six months.


Fault-based grounds

If a person experiences cruel treatment from their spouse including physical abuse and emotional abuse, if they experience abandonment from their spouse, if their spouse has been imprisoned for at least 3 years, and if the spouse is guilty of committing adultery they can apply for a divorce on fault-based grounds.

Whether a person decides to file for a no-fault divorce or fault-based divorce, the important matter to remember is that they get all the legal paperwork done to ensure they get to keep the assets they worked so hard to accumulate over the years with their spouse. When divorce is not filed properly it often results in one partner unfairly benefitting a lot more than the other.

Does divorce always have to happen in court?

Divorce most definitely does not always have to escalate to court. If the two parties are able to come to all the agreements of property distribution, child support, and child-rearing on their own then it most likely will not be necessary for them to take matters to a judge. If a person has a good attorney on their side, they will be able to get all the legal paperwork done to ensure their rights are protected and they get their fair share of assets after the separation is finalized.

Only in the case that both partners are unable to come to an agreement (which is generally the case for those individuals who have accumulated a large number of assets) will matters be taken to a court session.


See Campaign:
Contact Information:
David L. Martin ESQ., P.C.
Nassau County: (516) 294-8886
Queens: (718) 520-8884
1415 Kellum Place
Suite 205
Garden City, New York 11530

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