DIVORCE, SEPARATION & ANNULMENT
In New York State to obtain a divorce, separation decree or annulment, a person must bring a case in the Supreme Court (which, despite its name, is not the highest court in the state).
In New York, you cannot obtain a divorce based on "incompatibility" or "irreconcilable differences."
The only exception is where the parties have been separated for a year or more pursuant to a separation decree (a judgment given by the court) or a separation agreement. The party seeking the divorce must show that he or she has substantially complied with the terms of the separation decree or the separation agreement. In that case, even if the other spouse opposes the divorce, the court can grant one.
Grounds for Divorce
Most people do not seek a divorce based on a separation agreement or separation decree. As a result, most people have to state a "ground" or legally required reason for the divorce. A person seeking an annulment or legal separation must also state a ground upon which they seek an annulment or legal separation.
These grounds include: cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more years, and adultery. In addition, unjustified refusal by a spouse to have sexual relations is also considered a "constructive abandonment" and may also be considered cruel and inhuman treatment.
Grounds for Annulment
Several grounds exists to have a marriage annulled, that is, declared invalid.
These include, but are not limited to, that either spouse is incurably incapable of having sexual intercourse, either partner becomes incurably insane for five years or more after the marriage, either spouse consented to marry as a result of the force or duress of the other spouse, or if either spouse could not understand the nature, effect and consequences of marriage. Also, a marriage may be annulled where one of the parties was not of legal age when they married (both parties must be over the age of 18 years unless a party is between 16 and 18 years old and has parental consent to marry or is under 16 years and has court approval to marry; no person under the age of 14 years may marry under any circumstances).
We can represent you.
If you want a divorce, and your spouse is willing to sign an affidavit consenting to the divorce, we can obtain one for you without you or your spouse having to appear in court.
Our fee for an uncontested divorce, where there are no property issues or children, is as low as $350.00 plus court fees (the court charges $340.00 in filing fees). If there are children involved or property issues, our fees are higher depending on the amount of extra work needed. Simple separation agreements are also $350.00. Filing them with the court costs an extra $170.00 in court filing fees. Contact us to discuss your situation and we'll tell you what it'll cost to get you a divorce or separation agreement.
Contested matrimonials, annulments and separation actions are billed on an hourly basis with an initial deposit required. The exact amount depends on an analysis of the issues involved and complexity of the case. We'd be glad to speak with you about your problem and discuss how we can help and how much it will cost. In some cases, the court makes the other spouse pay for attorney's fees.
If you prefer to have a separation agreement, which means that you remain married but live separate and apartment for at least a year, we can prepare it for you. Fees for separation agreements range from $350.00 for basic agreements where the parties consent, and up depending on the complexity of the matter.
The laws regarding family matters are complex. Please call us if you have any questions.
Note: The statements above, which are based on New York law, are intended to inform, not to advise. You should consult an attorney before making decisions in this area.
