When one spouse seeks to divorce their partner, this is what is referred to as an “at-fault” divorce. At-fault divorces differ from “no-fault” divorces in that the two parties do not agree the marriage should be dissolved. No-fault divorces are simply a statement that the marriage has fallen apart and neither spouse blames the other for ending the marriage. These types of divorces are usually cited as being caused by irreconcilable differences, incompatibility, or an irretrievable breakdown in communication and understanding. At-fault divorce, on the other hand, usually requires proof that the marriage is broken and should end. But, can you file for divorce without valid reasons?
So, can you file for divorce without a valid reason? Put simply, no. While there may be many varied reasons why a married couple would seek a divorce, they must essentially be valid in the eyes of the family law courts. For a divorce to be acceptable under state law, the party seeking the end of the marriage must be able to prove that there has been an irretrievable breakdown of the marriage. The common forms which these legally acceptable reasons for marriage break down into the following groups:
Adultery and Cheating
One of the biggest causes of divorce is adultery and cheating. When a partner is unfaithful, a New York family law court will accept this as valid grounds for a divorce.
Another common reason for legally acceptable divorce is abuse. No matter if it is emotional or physical in nature, New York law seeks to protect those who are the victims of abuse.
Addiction is an all-too-real problem in many marriages. This is especially true as the opioid epidemic rages across the nation. If you have tried everything to help your spouse through their addiction but can’t see any light at the end of the tunnel, you are legally allowed to seek a divorce.
Mental Impairments or Illness
The presence of mental illness or mental incapacitation at the time of marriage is also considered a valid cause for divorce.
Other Valid Reasons
Beyond the reasons mentioned above, there are several other valid reasons for divorce. These include bigamy, marriage between close family relations, impotence at the time of marriage, criminal conviction or imprisonment by a spouse or desertion.
Contact an Experienced and Determined New York Divorce Attorney
While filing for divorce can be a difficult decision, choosing the right attorney doesn’t have to be. If you are seeking to end your marriage in an at-fault divorce, contact Brian D. Perskin & Associates today. Brian D. Perskin & Associates P.C. is one of the most trusted names in New York when it comes to divorce. Brian and his experienced team are aggressive, intelligent and strategic. They work diligently with clients and customize representation strategies to fit individual needs. So if you’re looking for a divorce attorney who will fight for you, call Brian D. Perskin & Associates P.C. today at 718-875-7584 for your free consultation and learn why we’re New York’s premier divorce law firm.