Fault Grounds for Divorce in New York:
Cruel and Inhuman Treatment - This ground requires showing that the behavior of one spouse was so cruel and inhuman towards the other that it became unsafe or improper for the couple to continue living together. This can include physical or emotional mistreatment.
Abandonment - If one spouse abandons or deserts the other for a continuous period of one or more years, this abandonment can serve as grounds for divorce.
Imprisonment - If one spouse is imprisoned for three or more consecutive years after the marriage, the other spouse can use this as divorce grounds.
Adultery - Adultery or extramarital sexual relations by one spouse is legal grounds for divorce in New York.
Divorce after a legal separation - If the spouses have lived legally separate and apart under a formal separation judgment or decree for one or more years after the separation was granted, this can allow for divorce grounds.
No-Fault Grounds for Divorce:
Irretrievable Breakdown (No-Fault) - New York allows for New York No-Fault State Divorce based on an "irretrievable breakdown" of the marriage for at least six months. This ground does not require assigning blame to either spouse.
Separation for at least one year after a separation agreement - If spouses have lived apart for one or more years under the terms of a written separation agreement, this also constitutes no-fault grounds.
The fault and no-fault grounds provide spouses different options to seek a divorce based on their specific circumstances. However, it's important to note that even in a no-fault divorce, issues like property division, alimony/spousal support, child custody, and child support will still need to be resolved through the legal divorce process.
Evidence and Corroboration: To prove the grounds for divorce, the filing spouse will need to provide evidence and testimony to the court. For fault grounds like cruelty or adultery, the court typically requires independent corroborating evidence beyond just the claiming spouse's statements.
In summary, New York has several grounds, both fault-based and no-fault, that allow for divorce proceedings. Understanding which grounds apply to your situation is an important first step in How Can I Get a Divorce in New York. An experienced divorce attorney can advise on the proper grounds and guide you through the overall divorce process.
