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Divorce:  Frequently-Asked Questions

Q:  What are acceptable grounds for divorce in New York?

A:  The New York Cause of Divorce Action states that grounds for divorce are limited to:

  • Cruel or inhuman treatment of a spouse (New York Domestic Relations Law §170.1)
  • Abandonment of a spouse for a period of  greater than one year (New York Domestic Relations Law §170.2)
  • Imprisonment of a spouse for a period of greater than three years after the marriage (New York Domestic Relations Law §170.3)
  • Adultery (New York Domestic Relations Law §170.4)
  • Conversion of a separation judgment (New York Domestic Relations Law §170.5)
  • Conversion of a written or otherwise acknowledged agreement for separation after living apart for a period of greater than a year (New York Domestic Relations Law §170.6)

Q:  Should I have a written retainer with my divorce attorney?

A:  Yes, always.  In New York State, a divorce attorney’s services must be outlined clearly in a retainer if fees are to be collected for the services rendered.

Q:  What services does a marriage/divorce mediator provide?

A:  Many marriage fail due to financial disagreements or constraints.  A mediator, when retained at an early stage in a disagreement by two willing parties, can assist in identifying the problem and possible solutions.  Other marriages are threatened due to infidelity or the loss of a sickness or child.  When both parties are willing, marriage mediators can be retained to aid in communication, healing and reconciliation.

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