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The court will not keep you in a marriage when you do not want to stay, regardless of what your spouse wants. In New York, when a divorce petition is filed and served, and the respondent fails to respond by the deadline, the judge can grant a default or no signature required divorce.
What is considered abandonment in a marriage in NY?
What does abandonment for one or more years mean? Abandonment means that your spouse has intentionally left you without your consent, and of his or her own (that is, you did not force or lock your spouse out of the house) and without justification.
What are the 7 grounds for divorce in NY?
If you cannot serve your spouse in person, or use substituted service, you can utilize nail and mail to serve your papers. This is also a two step process in which you affix the papers to the door of the last known residence of your spouse AND mail the divorce papers to your spouse.
Is emotional abuse grounds for divorce in NY?
Fault-based grounds: In New York, you can file for a fault-based divorce for any of these reasons: Cruel and inhuman treatment This includes physical, verbal, or emotional abuse that endangers your physical or mental well-being to the point that it is unsafe or improper for you to live with the abuser.
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