Can domestic violence be a reason to file for divorce in New York?

Brooklyn, NY – Any married couple that has issues with domestic violence should consider separating for their own safety. Under New York law, various kinds of physical and emotional abuse can be used as grounds for a fault based divorce. There is also the possibility that the couple can be separated through a no fault divorce, as this option is available to anyone who wants to end their marriage for any reason. Specific legal advice should be obtained from a local licensed attorney before committing to any decision. Anyone who is a victim of domestic violence should also contact law enforcement and go through the process to get a protective order from a local judge.  

Fault based divorces for cruel treatment

New York divorce law retains the traditional fault based reason for a divorce for cruel and inhumane treatment. This is a way for couples who have serious issues with domestic violence, verbal arguments, and other forms of abuse to separate through the courts. The spouse who files for the divorce must give evidence of specific examples of abuse that have happened within the prior five years. 

If this type of evidence is not available or was too far in the past, the couple is still eligible for a no fault divorce. Many couples choose to file for a no fault divorce regardless of their reasons for separation, as fault based separations can require specific legal findings and take more time in court. 

No fault divorces for any reason

Any married person can simply say that their marriage has broken down and file for divorce in New York as long as some basic requirements are met. This includes residency in the state for at least one year, and at least one spouse claiming that the marriage has been irretrievably broken for at least six months. 

After the divorce paperwork is served, couples going through a no fault divorce will still have to decide on issues such as property division and child custody. Some of the issues and costs tied to litigation in court may be avoided if the couple can make a settlement agreement where they decide how all of these matters will be handled before going to court. If the couple can settle without a divorce trial, they may be eligible for an uncontested divorce, which can be completed quickly. 

Finding out if a divorce is the right option

Elliot Green Law Offices helps people with their family law issues in the Brooklyn area. The firm handles divorces, child support and custody, domestic violence problems, and related matters for local clients. 

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201

718-260-8668

www.elliotgreenlaw.com