In New York State, spouses who want to get divorced must provide grounds for divorce, although the law allows for no-fault grounds if the two individuals have lived apart for a year or more under a legal agreement. Acceptable grounds for divorce do not include mental illness of one of the spouses. A person who wants to end a marriage to a mentally ill spouse benefits from legal representation by a Divorce Lawyer on Long Island. This is especially the case if the spouse plans to fight any divorce proceedings.
The individual may be able to file for divorce under grounds associated with the behavior of the mentally ill spouse. One type of grounds involves cruel behavior that makes living with the spouse seriously detrimental to the person’s mental or physical well-being. The spouse who does not want the divorce cannot use mental illness as justification for cruel behavior. However, if the situation only is characterized by the spouse being troublesome to live with but not actually being emotionally or physically cruel, that does not constitute grounds for divorce.
Another valid form of grounds would be an act of unfaithfulness by the mentally ill spouse. If the person who Need Divorce Lawyer can verify that such an episode has taken place, he will have an easier time obtaining a legal end to the marriage. The Divorce Lawyer on Long Island will need to have some evidence to present in court, such as a witness, admission by the man or woman who participated in the act of unfaithfulness, photos by a private detective, or strong circumstantial evidence.
These situations can be very complex, and it can be difficult for an individual to fully know the laws and to understand what evidence is necessary to end the marriage. A Divorce Lawyer on Long Island, such as the Law Office of Mitchell M. Shapiro, has experience in helping clients with difficult divorce cases. Mr. Shapiro works hard to make sure that his clients achieve the most favorable outcome in regard to matters such as child custody and visitation, spousal support, division of assets and financial settlements.