There are seven grounds for divorce in New York state, and only two of them are likely to affect your case anyway. First that would possibly affect your divorce is cruel and inhuman treatment. If your spouse has treated you so cruelly and inhumanly as to render it not just unsafe or improper for you to cohabit as the statute is worded but has virtually attempted murder to try to kill you, then that could affect the outcome of your divorce. Because in such an egregious fault situation, the courts have been known to skew equitable distribution in favor of the victim. So if you’re one of those unlucky persons who not only suffered at domestic violence but nearly died from the effort of your soon-to-be ex-spouse, then you could expect the outcome of your divorce to be affected by a ground for divorce.
The other ground that would affect your divorce is the ground that everybody uses these days since we’ve changed the grounds for divorce six years, and that is the irretrievable breakdown of the parties’ relationship for more than six months, the so-called no fault divorce in New York. Everybody uses no fault because to use any of the other grounds, other than the one I just mentioned in an egregious fault situation, is really to court disaster with the judges.
Judges really do not want to entertain a he-said-she-said about who did what to whom to cause the breakdown of the marriage. It is in view of most judges a waste of judicial resources, a waste of time and money. They assume that you're in their courtroom because you need a divorce, and they want to get on to the more substantive issues of custody, maintenance, child support, dividing assets, what have you. Many of them have 300, 400 cases on their docket in the metropolitan area, and they just don’t have time. And to bring grounds as an important issue into really to be tone deaf to what the court is hoping the case will look like and it can bias the judge against your case actually.
For a free consultation regarding a divorce or family law issue in Suffolk or Nassau County, please contact us or call (631) 337-1977. We look forward to speaking with you.