Divorce Laws In New York Have Changed Regarding Abandonment Divorce, Eliminating Blame
When couples decide to marry, they assuredly do not think about the possibility that they may grow apart, become estranged to each other or even consider thinking about a divorce. However, sadly, it does happen that people simply cannot live together any longer and have made the decision to divorce. If you are considering filing for a divorce, you may want to find an Albany attorney that can help you in understanding your rights and the laws in New York concerning divorce. Often times, couples who agree to an uncontested divorce, can go ahead with an expedited complaint for divorce, and successfully divorce each other very quickly and easily.
In New York, both parties had to agree to a common ground for divorce. Often, these included abandonment divorce, or constructive abandonment divorce. In many cases, a separation agreement was created before a year passed prior to the Abandonment Divorce argument in support of a divorce in New York. However, the divorce laws in New York changed in 2010, allowing couples to file for a no-fault divorce in New York. You can still file for a divorce in New York on the grounds of abandonment; however, it is not necessary any longer for both you and your former spouse to agree on a common ground.
Abandonment divorce is often defined as a couple that has been growing apart for an extensive period of time. If one spouse left the marital home one year prior to the filing of the abandonment divorce without any reason, consent or provocation, an abandonment divorce may be granted. In New York, grounds for abandonment can involve either spouse moving away from the other, with the other spouses “unjustified refusal to relocate” together. The individual who chose to remain in the marital home can also be claimed as the individual who abandoned the marriage by changing the locks on the doors of the home when the other spouse left.
The changes that occurred in 2010 regarding New York divorce laws have allowed either spouse the ability to file for divorce without having to show grounds for it. What this does, is allows both spouses to stand on equal ground when it comes to the determination of the distribution of marital and separate property. In years past, the spouse that had the most separate assets would be able to file for a divorce on very questionable grounds, and use their assets as a bargaining ploy in the property distribution settlement. Although marital property is still subject to litigation under New York law, the distribution of the property has been made fairer, with the removal of blame. No-fault divorces and abandonment divorces are now more accessible for either spouse, with less concern over losing individual and marital assets. Although the distribution of property and child custody under the new laws in New York have changed, you still may want to consider contacting an Albany attorney that is experienced in divorce, spousal support, child custody and more, to ensure that you and your rights are protected throughout your divorce proceedings.
Learn more about how the laws in New York have changed concerning Abandonment Divorce and how it may affect you.
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