Getting a divorce is something a spouse never envisions on their wedding day. In fact, couples don’t get married just to get a divorce. However, the possibility of divorce is a fact of life for many couples in Brooklyn. Divorce is the legal end to a marriage. It begins by filing a divorce petition in Brooklyn divorce court. It ends with a divorce judge granting a couple a divorce decree. What happens between the petition and decree is a lot of hard work and desire to resolve issues.
Types of Divorce in Brooklyn
New York outlines the process and requirements to obtain a divorce in Brooklyn. For example, the state requires a spouse to pick between two types of divorces: contested divorce and uncontested divorce. Each divorce has different requirements.
It is an option when only one spouse wants to obtain a divorce or both spouses can’t agree to divorce terms. These divorce terms include how property is divided and if any spousal support is paid from one spouse to their partner.
A contested divorce can only occur when there is some reason to end the marriage. A spouse may not like their partner anymore. However, that is not a legal reason to obtain a divorce in Brooklyn. In DOM 170, the state outlines four reasons to obtain a contested divorce. These reasons include:
1. Adultery: Adultery occurs when a spouse cheats on their spouse.
2. Cruelty: A spouse who has been subjected to mental or physical cruelty can cite this reason for wanting a divorce.
3. Leaving the Marriage: Abandonment of a spouse is a reason to obtain a divorce. The abandonment can be physical or sexual. This means the spouse could still live in the marital home, but refused to engage in sexual intercourse with their spouse.
4. Separation: A couple who is living apart and have a separation agreement for a period of at least one year, could file for divorce.
Once the petition is filed, the spouse being sued for divorce must provide an answer. The answer is a response to the divorce petition. In the petition, the spouse disputes the allegations such as cheating on their spouse. New York state law has some specific defenses a spouse can use to refute the divorce allegations such as the spouse who filed for divorce is also guilty of adultery. Another defense is to claim the offense was forgiven. This means that the person forgave their spouse for what allegations they made in the petition.
For example, if a wife cheated on her spouse six years ago. The spouse forgave the wife for having an affair. Then they later filed for divorce claiming adultery. The wife could use the defense that the offense was forgiven. The wife could then show proof that she was forgiven because they voluntary continued to live together. Also, the spouse didn’t file for divorce immediately after it had happened, but waited six years to file the petition.
Once the answer is submitted to the court, the divorce case is placed on the court docket for trial. A trial is only required when a couple can’t resolve their terms of divorce and must have a judge do it for them.
An uncontested divorce doesn’t require alleging wrongdoing on the part of a spouse. Both spouses agree to end their marriage and agree on the terms of the divorce. This type of divorce is easier to resolve. A written agreement is submitted to the court outlining the terms of the divorce.
Residency Requirement for a New York Divorce
New York requires divorcing couples be residents of the state for a specific period of time prior to filing for divorce. The exact time depends on circumstances. However, residence requirements vary from one to two years.
There is no waiting period for obtaining a divorce.
Contact a Divorce Attorney for Help with a Brooklyn Divorce
Divorce isn’t easy. In fact, it may feel like the hardest thing to do in your life. However, with the help of strong legal counsel and emotional support from family and friends, you can get through a divorce just fine. Contact a divorce attorney in Brooklyn about filing a divorce petition or filing an answer. In addition, to providing legal advice, your divorce attorney will work to resolve your the terms of your divorce in a fair way.