Fonda, NY Divorce Law Firms & Lawyers

In New York, there are several grounds for divorce contained in NY DRL section 170: 1) The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant. (2) The abandonment of the plaintiff by the defendant for a period of one or more years. (3) The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant. (4) The commission of an act of adultery (5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment. (6) The husband and wife have lived separate and apart pursuant to a written agreement of separation, subscribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded, for a period of one or more years after the execution of such agreement and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such agreement. Such agreement shall be filed in the office of the clerk of the county wherein either party resides. In lieu of filing such agreement, either party to such agreement may file a memorandum of such agreement, which memorandum shall be similarly subscribed and acknowledged or proved as was the agreement of separation and shall contain the following information: (a) the names and addresses of each of the parties, (b) the date of marriage of the parties, (c) the date of the agreement of separation and (d) the date of this subscription and acknowledgment or proof of such agreement of separation. (7) The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath. The last of these grounds is essentially a "no-fault" divorce so that you no longer need to provide any of the grounds listed above in 1 through 6.  If you did have a separation agreement or a judgment of separation and didn't just physically separate, then you would have an additional ground for divorce.  However, with the new amendment of the law last year, you do not need that as a grounds and can proceed to file for divorce because your marriage has been "irretrievably broker" for at lease six months. - Alfred Polizzotto, III

 Judgments of courts of foreign countries, as stated in Martens v. Martens, 284 N.Y. 363, 365, 31 N.E.2d 489, 490, 'differ from judgments of courts of our sister States to which, by constitutional mandate, full faith and credit must be given. They must not contravene our public policy'. Our courts have power to deny even validity to the judgments of foreign countries for policy reasons. However,  in Rosenstiel v. Rosenstiel, 16 N.Y.S.2d 64, 262 N.Y.S.2d 86, 209 N.E.2d 709, the Court of Appeals while sustaining a Mexican decree of divorce premised its decision upon the fact that jurisdiction in accordance with Mexican law had been acquired.  Basically, you must ensure that the Courts in Mexico have jurisdiction in accordance with Mexican law for the judgment to have validity. You should consult with an attorney familiar with Mexican law on divorces before continuing. -Alfred Polizzotto, III