Divorce is a complex and emotionally charged process that involves the legal dissolution of a marriage. In Buffalo, New York, as in other parts of the United States, divorce laws are governed by both state statutes and case law. Understanding the grounds for divorce is crucial for individuals navigating this challenging process. This comprehensive guide aims to shed light on the grounds for divorce in Buffalo, New York, providing essential information for those considering or going through a divorce.
No-Fault Divorce
New York became the last state in the United States to implement a “no-fault” divorce law. This change, which went into effect in 2010, allows couples to divorce without proving that one party is at fault. In Buffalo, as well as throughout the state, the no-fault option is a popular choice for couples seeking an amicable and less adversarial divorce process. The no-fault option is based on the irretrievable breakdown of the marriage, meaning the relationship has been irreparably damaged and there is no reasonable prospect of reconciliation.
Fault-Based Divorce
While the no-fault option is widely used, Buffalo, New York, still recognizes fault-based grounds for divorce. These grounds require one spouse to prove that the other has engaged in specific misconduct that justifies the divorce. Common fault-based grounds for divorce in Buffalo include:
Cruel and Inhuman Treatment: This ground involves proving that the behavior of one spouse is so cruel or inhumane that it endangers the physical or mental well-being of the other spouse. Such behavior may include physical abuse, emotional abuse, or other forms of mistreatment.
Abandonment: One spouse may file for divorce on grounds of abandonment if the other spouse has left them for a continuous period of one year or longer. The abandoned spouse must show that they did not consent to the separation.
Imprisonment: Divorce can be granted if one spouse has been imprisoned for three or more consecutive years after the marriage, provided the imprisonment occurred after the marriage began.
Adultery: Adultery involves one spouse engaging in sexual relations with someone other than their spouse. To establish this ground, the aggrieved spouse must have concrete evidence of the adultery.
Conversion of Separation: If a couple has lived apart under a separation agreement for at least one year, they can file for divorce on the grounds of the conversion of separation. This conversion requires both parties to adhere to the terms of the separation agreement.
Divorce After Legal Separation: If a couple has obtained a legal separation and one spouse has complied with the terms of the separation agreement for at least one year, either party can file for divorce on this ground.
Legal Process and Considerations
No matter the grounds chosen, filing for divorce in Buffalo, New York, requires a series of legal steps. It’s highly recommended for individuals seeking a divorce to consult with an experienced attorney to ensure all legal requirements are met.
Divorcing couples must consider various factors such as child custody, child support, spousal support (alimony), property division, and more. New York employs an “equitable distribution” approach to property division, meaning that marital property is divided fairly but not necessarily equally. Child custody and support decisions are made based on the best interests of the child.
Navigating the grounds for divorce in Buffalo, New York, is a complex undertaking with legal, emotional, and financial implications. The introduction of the no-fault option in the state has provided couples with a less contentious path to divorce, while fault-based grounds still exist for those facing specific situations. Regardless of the chosen grounds, seeking professional legal advice and support is crucial to ensuring that all legal requirements are met and that the rights and interests of both parties and any children involved are protected.
How can Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. help you if you have a divorce case in Buffalo, New York
At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we understand that facing a divorce is a challenging and emotionally charged experience. Our team of dedicated and experienced attorneys is here to provide you with comprehensive legal support and guidance throughout every step of your divorce case in Buffalo, New York.
Experience in Divorce Law
Our firm specializes in family law, including divorce cases. With years of experience in Buffalo, we have a deep understanding of the local laws, regulations, and court procedures related to divorce. Our attorneys are well-versed in both the no-fault and fault-based grounds for divorce in New York, ensuring that you receive accurate and up-to-date advice tailored to your specific situation.
Personalized Guidance
We recognize that every divorce case is unique, and we approach each client with personalized attention and care. When you choose our firm, we take the time to listen to your concerns, understand your goals, and provide you with a clear roadmap of the legal process ahead. We believe in open communication and transparency, keeping you informed at every stage of your case.
Comprehensive Legal Support
Whether your case involves complex property division, child custody matters, spousal support, or any other aspect of divorce, our team has the knowledge to guide you through it all. We work diligently to protect your rights and interests, advocating for the best possible outcome for you and your family.
Skilled Negotiation and Litigation
While we strive to reach amicable solutions through negotiation and mediation, we are fully prepared to advocate for you in court if necessary. Our skilled attorneys are experienced litigators who will fight for your rights with determination and professionalism, ensuring that your voice is heard and your interests are upheld.
Child-Centered Approach
If children are involved in your divorce, their well-being is a top priority for us. Our team has a deep understanding of child custody and support matters, and we work to create arrangements that prioritize the best interests of your children while also addressing your concerns as a parent.
Resourceful and Supportive
Divorce cases can be emotionally draining, and we are here to provide not only legal support but also emotional support. We connect you with the resources and services you may need during this challenging time, helping you navigate the divorce process with as much ease as possible.
At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we are dedicated to guiding you through your divorce case in Buffalo, New York, with professionalism, compassion, and a commitment to achieving the best possible outcome for your future. Your journey through divorce doesn’t have to be navigated alone—let us be your trusted legal partners every step of the way.