- November 20, 2017
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.