Going through a divorce can be an incredibly overwhelming and emotionally challenging experience. This is especially true if it is your spouse who initiated the divorce proceedings, leaving you feeling powerless and not wanting the marriage to come to an end. However, as a resident of New York, it is important to know that you have the right to contest your spouse’s divorce petition if you wish. In this article, we will guide you through the various legal options that are available to you if you want to contest a New York divorce.
Understanding The Grounds for Divorce in New York
Before diving into the process of contesting a divorce, it is crucial to have a solid understanding of the legal grounds for divorce in New York. Interestingly, New York only adopted a no-fault divorce law in 2010, making it the last state in the country to do so. Essentially, this means that a spouse does not have to provide any specific reason to the court when filing for divorce. However, it is important to note that there are still several grounds for divorce that can be challenged in court if you wish.
Some of the traditional grounds for divorce in New York include adultery, abandonment for at least one year, imprisonment for a minimum of three years, mental or physical cruelty, and living separately for at least one year under a separation agreement. If your spouse has filed for divorce based on any of these grounds, you may have the opportunity to challenge the divorce proceedings.
Grounds for Contesting a New York Divorce
If you are contemplating contesting a divorce in New York, there are legitimate grounds on which you can base your challenge. Let’s explore some of these grounds below:
No Grounds for Divorce
In the event that your spouse has filed for divorce without providing any valid grounds, you have the opportunity to argue that their petition should be dismissed. By doing so, you can assert that your spouse has failed to provide a justifiable reason for ending the marriage, and that their actions appear to be without proper justification.
Fault-Based Divorce
Suppose your spouse has filed for divorce based on one of the fault grounds previously mentioned, but you believe that their claims are unfounded. In that case, you can challenge their allegations in court. For example, if your spouse is accusing you of adultery, you have the ability to present evidence proving that you have remained faithful throughout the course of the marriage.
Improper Service
For a divorce to proceed, it is necessary for the court to serve you with the divorce papers in a proper manner. If your spouse has failed to serve you correctly, you have the ability to challenge the validity of the divorce proceedings. By arguing that you were unaware of the divorce action and that you were not given an opportunity to respond to the petition, you may be able to contest the divorce.
Coercion or Duress
In cases where you did not agree to the divorce and your spouse forced you to sign the divorce papers under coercion or duress, it is possible to challenge the validity of the divorce in court. You can claim that your spouse threatened you or used force to compel you into signing the papers against your will.
Legal Options to Contest a New York Divorce
Once you have identified the grounds for contesting the divorce, it is important to understand your legal options moving forward. Let’s explore some of the legal avenues available to you when challenging a New York divorce:
Request for a Stay
When contesting a divorce, you have the right to ask the court to temporarily put the case on hold. This stay will allow you the necessary time to gather evidence that supports your claims. During this postponement, the court is unable to make any decisions regarding the divorce proceedings.
Motion to Dismiss
If you possess evidence that convincingly establishes the lack of validity in the divorce proceedings or the failure of your spouse to follow proper procedures, you have the ability to file a motion to dismiss the case. This particular legal option will effectively terminate the divorce proceedings altogether.
Counter-Petition
If your spouse has initiated the divorce based on fault grounds and you vehemently disagree with their claims, you can file a counter-petition. This legal action allows you to introduce your own grounds for divorce and request that the court grants you a divorce instead of your spouse.
Settlement Agreement
In the event that you and your spouse are willing to work together, it is possible to reach a settlement agreement outside of court. This agreement will outline the terms of your divorce, including matters such as child custody, spousal support, and the division of assets. Once you and your spouse reach an agreement, you can present it to the court for finalization.
Conclusion
Contesting a divorce is undoubtedly a challenging process. However, it is your right as a New York resident. If you are contemplating challenging your spouse’s divorce petition, it is crucial to have a clear understanding of the legal grounds for divorce and to gather substantial evidence to support your claims. Additionally, once you have determined the grounds for contesting the divorce, be sure to consider your legal options carefully. Consulting with an experienced family law attorney can prove to be invaluable in protecting your legal rights and ensuring the best possible outcome for your divorce proceedings.