DECOMMONLY
USED
TERMS
IN
MATRIMONIAL
MATTERS
UNCONTESTED
DIVORCE:
When
you
and
your
spouse
agree
that
you
both
desire
a
speedy
divorce
and
there
are
no
issues
in
dispute;
i.e.
Property,
financial
issues,
child
support,
visitation,
custody,
etc.,
you
may
be
eligible
for
an
uncontested
divorce.
If
this
is
the
case,
our
office
can
prepare
all
court
papers
and
file
them
in
the
Court
on
your
behalf
and
obtain
a
Final
Judgment
of
Divorce.
This
can
generally
be
accomplished
in
approximately
ten
weeks
or
less.
In
addition,
if
your
spouse
fails
to
appear
in
the
divorce
action,
you
may
obtain
an
uncontested
divorce
without
your
spouse's
signature.
GROUNDS
FOR
DIVORCE:
In
many
states,
including
New
York,
the
grounds
for
divorce
means
the
basis
or
reason
that
the
divorce
is
granted
by
the
Court.
The
following
grounds
for
divorce
exist
presently
in
the
State
of
New
York:
ABANDONMENT:
This
ground
for
divorce
may
take
three
possible
forms:
Physical Abandonment: The husband or wife abandons or physically leaves the marital home for a period of one or more years prior to the commencement of the divorce action without just cause and this abandonment continues to the present time.
Constructive Abandonment: If there is no physical abandonment but one spouse refuses to engage in sexual relations with the other spouse for a continuous period of one year or more prior to the commencement of the divorce action and continuing to the present time without good cause or justification, this abandonment is known as constructive abandonment.
Lock Out: One spouse without just cause refuses to allow the other spouse to enter the marital home for a continuous period of one year prior to the commencement of the divorce action and continuing to the present time.
CRUEL
AND
INHUMAN
TREATMENT:
The
treatment
of
one
spouse
towards
the
other
spouse
is
such
that
the
physical
or
mental
well-being
of
one
spouse
is
so
endangered
as
to
render
it
unsafe
or
improper
for
the
abused
spouse
to
cohabit
or
live
with
the
other
spouse.
Any
and
all
acts
which
may
be
deemed
to
constitute
acts
of
cruel
and
inhuman
treatment
must
have
occurred
within
five
years
of
the
commencement
of
the
divorce
action.
IMPRISONMENT:
This
ground
for
divorce
is
available
when
one
spouse
is
imprisoned
for
three
consecutive
years
or
more
after
the
date
of
marriage
and
the
spouse
is
still
incarcerated
when
the
divorce
action
is
commenced
as
long
as
the
action
is
initiated
within
five
years
from
the
time
of
the
completion
of
the
third
year
of
imprisonment.
ADULTERY:
An
act
of
sexual
or
deviate
sexual
intercourse
performed
voluntarily
by
one
spouse
with
a
person
other
than
his
or
her
spouse
during
the
time
the
couple
is
married
to
one
another.
This
ground
for
divorce
is
often
difficult
to
prove
since
corroborating
evidence
(witness
testimony)
is
required.
CONVERSION
OF A
SEPARATION
AGREEMENT:
If a
couple
lives
separate
and
apart
for
more
than
one
year
pursuant
to a
separation
agreement
filed
with
the
County
Clerk
of
the
Supreme
Court
which
specifies
the
terms
and
conditions
of
the
separation,
one
party
may
maintain
an
action
for
divorce
against
the
other
based
upon
the
separation
agreement.
VOIDABLE
MARRIAGES:
Also
known
as
an
ANNULMENT,
the
effect
of a
voidable
marriage
is
that
the
marriage,
in
effect,
never
took
place.
One
of
the
most
basic
reasons
that
an
annulment
is
obtained
is
on
the
basis
of
fraud.
In
other
words,
if
one
spouse
was
is
some
serious
manner
deceived,
lied
to,
or
mislead
in
some
material
manner
by
the
other
spouse
which
if
known
to
the
spouse
prior
to
the
marriage
would
have
caused
this
spouse
not
have
entered
into
the
marriage,
there
may
be
grounds
to
have
the
marriage
annulled.
RESIDENCY
REQUIREMENTS:
To
file
and
obtain
a
divorce
in
the
State
of
New
York,
you
must
meet
the
requirements
of
one
of
the
following
requirements
which
pertain
to
residency:
1. The marriage took place in New York State and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately prior to the commencement of the action; OR
2. The husband and wife resided in New York as husband and wife and either spouse is a resident of the state at the time of the commencement of the divorce action and resided in New York for a continuous period of one year or more immediately prior to the commencement of the divorce action; OR
3. The grounds for divorce (as listed above) occurred in New York and either spouse is a resident of the State at the time the divorce action is commenced and resided in this state for a continuous period of one or more years immediately prior to the commencement of the divorce action; OR
4. The grounds for divorce (as listed above) occurred in New York and both the husband and wife are residents of the State of New York at the time of the commencement of the action for divorce; OR
5. If the husband and wife were married outside the State of New York and never resided together as husband and wife in New York State and the grounds for divorce (as listed above) did not take place in New York State, then either spouse must be a resident of New York State and have continuously resided in this State for at least two years immediately preceding the commencement of this action for divorce.
