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Choosing Grounds for a Same-Sex Divorce in Smithtown

In New York, same-sex divorces follow the exact same procedures as any other divorce. The plaintiff files a motion to acquire the divorce, and the defendant is served with the paperwork. The divorce is based on a no-fault or fault determination. In any divorce case in which fault-based grounds are used, the plaintiff must present evidence to support their claim. An attorney helps them with evidence acquisition for their same sex divorce in Smithtown today.

Inhumane Treatment and Domestic Violence

Any form of spousal abuse falls within this divorce ground. Any instance of domestic violence against a spouse also applies. It is probable that the plaintiff had already acquired a protection order. Any previous criminal charges of abuse against the plaintiff, if they are the victim, is sufficient evidence to support this claim.

Divorce Due to Incarceration

The incarceration of a spouse is grounds for divorce according to the duration of the sentence. Under applicable laws, the sentence must last at least two years. However, if the sentence was completed five years or more prior to filing the motion for the divorce, these grounds aren’t acceptable.

Using Adultery As a Divorce Ground

Adultery indicates that the spouse participated in an extra-marital relationship. The plaintiff must provide clear evidence of it to support their claim. Nevertheless, under New York divorce laws, the plaintiff cannot use this ground if they were aware of this extra-marital relationship and returned to the marriage. If the plaintiff continues to live as a married couple with their spouse after this discovery, they are condoning the behavior.

Abandonment or Desertion

Abandonment or desertion requires the plaintiff to present evidence of an absence for at least one year. The proceedings require notification through a local newspaper to inform the defendant of the divorce action. The notification appears in the paper for six weeks, and the defendant has sixty days to respond.

In New York, same-sex divorces require the plaintiff to identify grounds and present a divorce agreement. The divorce summons is delivered to the defendant based on the grounds chosen. Anyone who needs to begin a same-sex divorce in Smithtown should contact Todd J. Zimmer & Associates for more info now.

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