If you and your spouse voluntarily married, then the reasons you wed generally don’t matter when you are getting divorced. You can obtain a divorce under New York law, the same as any other couple, even if you have a marriage of convenience. However, settling financial and custody issues may be less complicated due to the length of the marriage and/or living arrangements.
When Can You Divorce in New York?
In New York, there are seven grounds for divorce:
- Abandonment (actual or constructive)
- Adultery
- Cruel and inhuman treatment
- Living apart under a judgment of separation for at least one year
- Living apart under a signed separation agreement for at least one year
- Spouse’s imprisonment for at least three years
- Irretrievable breakdown of the marriage for at least six months, also known as “no fault”
The last one is known as a “no fault” divorce because it only requires you to make a sworn statement to the court that there has been an “irretrievable breakdown of the marriage for at least six months.” No proof is needed.
Annulment is also permitted in New York if you can show consent was obtained by force, duress or fraud, or there was bigamy, impotence, mental illness, developmental disabilities, or an underage spouse. These usually don’t apply in a marriage of convenience.
What Is the Quickest Way to Divorce?
A no fault divorce is generally the least expensive and fastest, as you don’t have to demonstrate fault or wait a year. This is particularly true if it is an uncontested divorce, meaning you and your spouse can come to your own agreement on property distribution, spousal and child support, and child custody without litigating in court.
However, even if you and your spouse cannot negotiate a settlement, in a marriage of convenience, it’s likely you weren’t married long and don’t have marital assets or children. Financial support also may not have been provided during the marriage, so there won’t be claims for support after divorce. Thus, financial and custody issues should be simple to resolve, even if the matter is litigated.
If you are considering divorce, contact us to discuss how we can help you get the best result in your case.