Archive for August, 2007
WHAT CONSTITUTES CRUEL AND INHUMAN TREATMENT?
A spouse can be cruel and inhuman in terms of how they treat the other spouse with respect to: 1) Absences from the home 2) sexual, verbal, physical or emotional abuse (get a doctor's note) 3) embarassing and humiliating a spouse in front of others. 4) flaunting an extra-marital affair 5) marrying a spouse for a greencard (fraud) 6) [...]
GROUNDS FOR DIVORCE IN NEW YORK
In New York there are about six different grounds (reasons) for a divorce. Irreconcilable differences is not one of them. The grounds are as follows:ADULTERYIMPRISONMENT (more than 3 consecutive years)CRUEL TREATMENT (at least 2 incidences in last 5 years)ABANDONMENT (1 year or more)SEPARATION BY JUDGMENT (1 or more years)SEPARATION BY AGREEMENT [...]
JURISDICTION
In a New York divorce, the court must obtain "jurisdiction" over the defendant before the action can be heard. That means that the plaintiff (the person bringing the action) must serve his/her spouse the divorce papers. But before that happens, the plaintiff must purchase an index number to get the case on the calendar, and this is done by going [...]
RESIDENCY
To file for a divorce in NEW YORK one of the following residency requirements must be met:1) The parties were married in NY State and either party was a resident of New York, having resided here continuously for one year before the action began;2) the parties lived in NY State as husband and wife (even if they married outside the state) and either [...]
Loading ...