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.