The New York State Bar Association has published a brochure demonstrating the requirements for marriage and divorce in New York State. These are some of the New York State Bar Association’s findings:
The necessary elements for a contested divorce are:imprisonment for 3+ years; or adultery; or cruel or inhuman treatment; or abandonment for 1+ year; or 1 year living apart under a separation agreement; or 1 year living apart under a separation decree granted by a court; or irretrievable breakdown of the marriage.
Although many people do not contest the reason for a divorce, in New York the following circumstances alone are not grounds for a divorce: incompatibility, irreconcilable differences and/or a “dead” marriage. In addition, New York courts have also made the following rulings:
Condonation after the discovery of adultery by a spouse is a defense to the divorce action based on adultery.
A court may declare a marriage void when a spouse has been incurably mentally ill for a period of 5+ years.
Abandonment means that your spouse has intentionally left without your justification, consent, and of his/her own accord.
Divorce will not be granted if both spouses have committed adultery.
If one spouse actively encouraged the other to commit adultery, the court will deny the divorce.
A man and woman must be legally capable of entering a valid marriage.
An annulled marriage is also known a void.
A spouse is granted five years from the discovery of the first unforgiven act of adultery for them to bring the divorce action.
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 both parental and court approval to marry.
No person under the age of 14 years may marry under any circumstances.
A marriage can be dissolved with proof that a spouse has been absent for five years without being known to be alive; believed to be dead; and that efforts were made to discover if he/she was alive and no evidence was found.
After dissolution becomes final, the reappearance of the absent spouse does not revive the marriage.
Spousal maintenance may be awarded to either party based on a number of factors (including but not limited to: prior standard of living, the present and future earning capacity or the parties, and the ability of the spouse seeking spousal maintenance to become self-supporting.)
Spousal maintenance may be waved by written agreement.
Child support is no longer an obligation once the child reaches the age of 21.
The basic child support obligation to be paid by the non-custodial parent is based upon a percentage of the combined parental income.