The acceptable grounds for divorce in New York State include:

    • Abandonment
      Abandonment is acceptable grounds when one spouse leaves the other without justification, consent, or the intent to return, for a period of one year prior to the filing of the divorce papers.
    • Cruel & Inhuman Treatment
      If your spouse has subjected you to verbal, emotional, or physical abuse within a period of five years prior to filing for divorce, cruel & inhuman treatment can be claimed as acceptable grounds for divorce.
    • Adultery
      Grounds of adultery are acceptable for divorce if your spouse has been engaging in voluntary sexual relations with anyone other than you.
    • Confinement to Prison
      Filing for divorce with the grounds of confinement to prison is acceptable if your spouse has served a prison term for at least three years, with the spouse either currently incarcerated or up to five years after he/she is released.
    • Living Pursuant to a Separation Agreement for One Year
      Though a
      legal separation is now relatively uncommon, living apart for one year pursuant to the terms of a legal, notarized agreement is acceptable grounds for divorce.
    • Living Pursuant to a Judgment of Separation for One Year
      A judgment of separation is something that can be entered by a judge when one spouse wants a legal separation and the other spouse does not agree.
    • Irretrievable Breakdown of the Relationship
      If at least one spouse attests under oath that the marriage has been “irretrievably broken” for at least six months, and both spouses come to an agreement about the terms of a divorce, this grounds (also known as “no-fault” divorce) is acceptable.

    Regardless of the grounds used, your divorce attorney will handle all of the documents that must be filed in the case of an uncontested  or contested divorce.

    The goal of the team at Bates Family Law is to minimize conflict and cost when settling your divorce. We will keep you informed and involved throughout the process, until a positive resolution is reached.

    Call Bates Family Law today at (585) 433-4661 to schedule your consultation.

     

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    What our clients are saying...

    “Alison represented our daughter from birth until the finalization of her adoption. She was the most knowledgeable, patient, and thorough attorney we could possibly have worked with. While navigating the Family Court system can be incredibly confusing and taxing, Alison took the time to explain every step, and advocated tirelessly for the best interests of our child.”

    – Julia C.

    “Alison helped me get my kids back in my life! I had an order of protection against me that didn’t allow me to see my kids for 3 months... The day after the court date I was able to see my kids again... I can’t imagine what the outcome would have been if I didn’t have Alison in my corner.  Forever Grateful!”

    – Mike P.

    “Alison Bates is not just my attorney. Alison Bates is a warrior who battled to make sure my son and I could be together. Alison Bates was my light on a very dark, lonely and scary path. Now I look into my son's eyes and it is hard not to think about Alison and all she did in helping me maintain that unbreakable bond.”

    – Mark I.

    “Alison has been phenomenal during a very challenging divorce. Her empathy and compassion for my situation while being direct with the realities of the legal system were reassuring and made me feel secure in the path we were taking every step of the way...”

    – Tiffany R.

    “Alison was a source of compassion and support to me during a very difficult time. She is very knowledgeable and a strong advocate when needed. I appreciated her prompt responses and straightforward manner. When things became difficult, I felt glad to have her in my corner.”

    – Kristen H.

    When I first met Alison, I was a recently separated father experiencing parental alienation and was having limited access to my child despite my requests to the mother. Alison explained to me that what I was experiencing was not uncommon early on in the separation process and fought hard on my behalf to resolve the matter in a fair and equitable way. Alison was efficient, reliable, and provided clear communication throughout the entire process. I would highly recommend her representation in any family law or divorce proceedings.

    – Cory G.

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    Bates Family Law, P.C. • (585) 433-4661