Is there ever such a thing as a simple divorce? Hardly ever! The reasons for divorce are many:
"There must be more to life than this..."; "I'm in love with someone else;" "You don't treat me as an equal." Of course, there are the more violent and physical reasons, such as child abuse or domestic violence.
In New York there is no such thing as no fault divorce. New York law requires grounds for divorce, which can include adultery, abandonment, imprisonment and cruel and inhuman treatment. Cruel and inhuman treatment can take many forms: physical acts, humiliation, mental anguish. These acts must make it unsafe or unhealthy to continue living together as a married couple.
Marriage is also a financial partnership. Divorce changes that relationship. New York has adopted the rule of Equitable Distribution, and requires the division and distribution of all assets. Assets can include a home, pensions, IRAs, 401Ks, life insurance,savings, professional licenses, degrees, and businesses. Issues of child custody, visitation, maintenance and support are also resolved by divorce.
Divorces are difficult and stressful, representing a profound change in a family's life. Good legal representation is required to ensure a fair resolution and provide a springboard to a new life and sound financial future.