What are grounds for divorce in New York?

Up until a new law was passed in July 2010 allowing no fault divorce, you had to either have specific grounds for divorce in New York or wait at least one year after filing a formal separation agreement in order to obtain a divorce. Until the new law was passed, New York was the only state in the United States that did not allow no fault divorce.

• Now in New York you can claim that your marriage has "broken down irretrievably" for at least the last six months.
• This eliminates the need to prove which spouse caused the dissolution of the marriage.

Prior to this recent law, divorcing couples could potentially disagree about fault, division of property and assets, child custody, child support and spousal support. Now divorcing couples no longer have to waste time, money and energy proving fault and can focus on the more important decisions to be made.

Grounds for Divorce

If you are not going to pursue a no fault divorce then you will need to use one of these grounds for divorce:

• Cruel and Inhuman Treatment
• Three Consecutive Years in Prison
• Abandonment
• Adultery

Cruel and inhuman treatment includes behaviors such as documented physical, verbal or emotional abuse. The courts will be looking for proof that this happened within the last five years and will need some corroboration outside of the two divorcing spouses. Records from police visits, emergency rooms, doctors, counseling agencies or other people who witnessed the abuse is needed.

Abandonment includes physically leaving the home or being locked out of it for more than one year.

Get Legal Help

If you think you have no options other than divorce, talk to a lawyer as soon as possible. You can get your questions answered and figure out which option under the law is best for you and your family. Protect your future by calling an attorney today.