When can I get a divorce?

In the State of New York, you can get a divorce if the marriage is irretrievably broken. Irretrievable breakdown is established in New York if either spouse has been living apart from the other spouse for one year or more, and that the marriage is beyond repair. Additionally, you can obtain a divorce if one of the spouses is shown to have committed adultery or cruel and inhuman treatment, regardless of whether the couple has been living apart. Keep in mind that a divorce in New York must be filed with the court, and a judge must approve the divorce. New York does have a no-fault divorce option, where either spouse can be granted a divorce without the need to prove the other spouse was at fault. In the event of a no-fault divorce, the court must still be satisfied that the marriage is irretrievably broken before it will grant the divorce. Under New York divorce laws, some couples may also be eligible for an uncontested divorce. An uncontested divorce is the fastest and least expensive way to get divorced in New York. With an uncontested divorce, both spouses must agree to the divorce, and they must also agree to the terms of the divorce. In such cases, the judge may not even need to hold a hearing. If you are considering a divorce, it is important to understand the divorce process and the laws that govern divorce in New York. It is advised that you consult with an experienced divorce attorney to ensure that your interests are protected throughout the process.

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