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What are the grounds I can fil...

What are the grounds I can file for divorce in New York state?

  • November 20, 2017

No-Fault Divorce
When one person states, under oath, that the marriage has broken down irretrievably for at least six months.

But before a court will grant a no-fault divorce, the couple must show that all of their divorce-related issues, such as property division, spousal support, child support, and child custody have been resolved. This can be done between the spouses in a divorce settlement agreement or by a court order.

Fault Grounds for Divorce

Divorcing spouses may seek a fault-based divorce in New York by on the following grounds:

  • cruel and inhuman treatment that makes it unsafe or improper for the couple to continue living together (physical or mental abuse)
  • abandonment for at least one year
  • incarceration for at least three consecutive years after the marriage, or

If a spouse asks for a divorce based on any of the fault grounds, he or she will have to prove to a judge that the other spouse actually committed the misconduct.

Fault-based divorces usually end up in drawn-out divorce battles and can be tough on the entire family.

Divorce Based on Separation

If the couple has already separated, the spouses may request a divorce. The spouse requesting the divorce must show that:

  • the couple lived apart pursuant to a court-ordered judgment of separation for at least a year, and the spouse seeking the divorce has provided proof that he or she performed the terms and conditions of the judgment, or
  • the spouses have lived apart pursuant to a formal written agreement of separation for at least a year, and the spouse seeking the divorce has provided satisfactory proof that he or she has performed all the terms and conditions of the agreement.