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Grounds for a New York Divorce

Grounds for a New York Divorce

Many events and factors can lead to a couple getting a divorce. Maybe one person cheated or the couple simply grew apart. Regardless of why they want to divorce, there are two options to do so in New York. Couples have the choice to file under a fault-based divorce or a no-fault divorce.

New York No-Fault vs. Fault Divorce

Fault-based divorce means something happened in the relationship to warrant a divorce. No-fault divorce means there was no cause for the couple to get a divorce. In either case, the spouse seeking a divorce will need to state the grounds (legal reasons) for their divorce when they file.

Do You Need Grounds for Divorce in NY?

There are several legal grounds for someone to get divorced in the Empire State, including:

  1. Irretrievable Breakdown – This is the only ground for a no-fault divorce in New York. If a divorce is ended on grounds of irretrievable breakdown, it means the couple has no desire to be in a relationship nor do they want to live together. The couple must have felt this way for six months or longer.

  2. Cruel and Inhuman Treatment – This can mean physical harm, mental harm, refusal to have an intimate relationship, and other derogatory insulting acts to a spouse. Living in this situation puts one in danger if they continue to live with the abuser.

  3. Abandonment – A spouse has left the other and at least one year has passed.

  4. Imprisonment – When one spouse is sentenced to prison for three or more years, the other spouse can file for a divorce on the grounds of imprisonment.

  5. Adultery – If one spouse commits adultery, then the other can file for divorce on the grounds of adultery.

  6. Divorce After a Judgment of Separation – If there is an official “Judgment of Separation” or “Decree of Separation” in place for at least one year, then it can be considered grounds for divorce.

  7. Divorce After a Separation Agreement – If neither spouse has resided with each other for at least one year because of a written “Agreement of Separation,” then they may file for divorce.

Are You Filing for Divorce?

Regardless of the grounds for divorce, ending a marriage is complicated. Before you begin the divorce process, you should obtain legal advice from an attorney. The team at Friedman & Friedman, PLLC, can examine your situation and help you take the next step.

At Friedman & Friedman, PLLC, our client's best interests are our top priority. Contact us today at (914) 873-4410 for legal representation.

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