Recently, sources have reported that Kim Kardashian and Kanye West are headed for divorce as a result of Kanye West’s public outbursts and social media ranting. In the past few weeks, Kanye West has berated an ex-girlfriend on Twitter, declared he is $53 million in debt, demanded $1 billion from Mark Zuckerberg, and had a “meltdown” backstage at Saturday Night Live. Reports suggest that Kim Kardashian is frustrated with her husband’s behavior and the effects it may have on her image and career, and that she has instructed her attorney to have divorce papers prepared.
Long Island divorce attorney and divorce mediator Robert E. Hornberger says that this type of behavior would not qualify as one of the “fault” grounds in New York. According to Hornberger, although many couples seeking divorce cite a spouse’s erratic and unreasonable behavior as a cause, in most cases this will not rise to the level of fault.
“Spouses may seek a ‘fault’ divorce by alleging that a spouse has engaged in cruel behavior such as physical or mental abuse; however, this type of erratic behavior would not meet such a standard,” Hornberger said.
However, according to Hornberger, No-Fault divorce is available in New York, and the simple fact that spouses cannot agree on whether to divorce may demonstrate that the marriage has “irretrievably broken down.” However, a spouse must allege that the marriage has been “broken down” for at least six months.
“In New York, if a spouse can show that the irreconcilable differences have occurred continuously for six months or longer, it can rise to the level of grounds for a no-fault divorce,” Hornberger said.
The reason for this, Hornberger says, is that the focus of the divorce is on the best interests of the family moving forward, rather than who did what in the past.
“Proving fault can be incredibly painful for both spouses, and especially children, and the no-fault divorce is designed to minimize the traumatic effect of a bitter divorce,” Hornberger said. “The no-fault divorce also allows the court to focus on the equitable distribution of assets as well as fair determinations on child custody and visitation, which are of utmost importance in any divorce.”
Hornberger suggests that anyone considering divorce from a spouse engaging in anti-social or erratic social behaviors first seek the counseling of an experienced divorce attorney and mediator.
About Robert E. Hornberger, Esq., P.C.
The divorce and family law firm of Robert E. Hornberger, Esq., P.C. represents clients throughout Nassau County and Suffolk County on Long Island, NY in all domestic relations matters including divorce, divorce mediation, collaborative divorce, orders of protection, prenuptial and postnuptial agreements, child support, child custody, child visitation, and spousal support. With offices conveniently located on the border of the two counties in Melville, NY, the attorneys and legal staff at Robert E. Hornberger, Esq., P.C., are well equipped with the resources to successfully address any issue that may arise in a Long Island matrimonial or family law matter. The firm provides a free initial consultation and offers convenient and affordable payment plans where necessary. For more information, visit http://divorce-longisland.com or call 631-923-1910.
Contact
Robert E. Hornberger, Esq.
631-923-1910
***@hornbergerlaw.com
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