Understanding the Reasons for Divorce in New York State

By Mr. Sris, Founder, CEO & Principal Attorney at Law Offices of SRIS, P.C. | As of May 2024

The thought of divorce can feel overwhelming, a heavy cloud hanging over what was once a shared life. If you’re contemplating or facing divorce in New York State, you’re likely grappling with a mix of emotions and countless questions about what comes next. It’s a challenging time, and knowing the legal grounds for divorce in New York is the first crucial step toward clarity and peace of mind.

At Law Offices of SRIS, P.C., we understand that Handling these complexities requires not just legal knowledge, but also a compassionate and direct approach. We’re here to help you understand New York’s divorce laws, clarify the requirements, and help you chart a path forward. You don’t have to walk this road alone.

The Foundation: New York’s No-Fault Divorce Law

For many years, New York was one of the few states that still required a “fault” to get a divorce. That all changed in 2010 with the introduction of no-fault divorce. This was a monumental shift, making the process significantly less adversarial for many couples. Instead of airing grievances in court, you can now state that your marriage is “irretrievably broken” for a period of at least six months. Blunt Truth: This doesn’t mean your marriage is broken beyond repair from a personal standpoint; it simply means that from a legal perspective, you and your spouse can’t seem to make it work anymore, and you both acknowledge that for at least half a year.

This ‘irretrievably broken’ ground simplifies things by focusing on the present state of the marriage rather than past blame. It acknowledges the reality that sometimes, despite best efforts, relationships simply run their course. This approach can reduce conflict, protect children from contentious legal battles, and often make the divorce process more efficient. It also allows couples to move forward with their lives without the added emotional burden of proving wrongdoing.

However, even with a no-fault divorce, there are still important aspects to address, such as the division of marital property, child custody, visitation, and support. These are often where the true complexities of a divorce lie, regardless of the initial grounds.

When Fault Still Matters: Traditional Grounds for Divorce in NY

While no-fault divorce is now the most common and often preferred route, New York law still recognizes several fault-based grounds. These can be more complicated and emotionally draining, as they involve proving specific behaviors or situations occurred during the marriage. However, in certain circumstances, pursuing a fault-based divorce might offer strategic advantages, particularly in how marital assets are divided or if spousal support is a contested issue.

Cruel and Inhuman Treatment (DRL § 170(1))

This ground is for when one spouse’s conduct endangers the physical or mental well-being of the other to the point that it makes it unsafe or improper to continue living together. We’re talking about more than just disagreements or arguments here. This could involve physical abuse, severe verbal abuse, infidelity combined with other aggravating factors, or a pattern of behavior that truly threatens a spouse’s health and safety. The court will look for a pattern of behavior, not isolated incidents, unless an isolated incident is particularly egregious. It’s a high bar to meet, as proving this requires detailed evidence and testimony, which can be both emotionally taxing and time-consuming.

Abandonment (DRL § 170(2))

Abandonment occurs when one spouse leaves the marital home without justification and without the intent to return for a period of at least one year. This isn’t just someone moving out after a fight; it requires a clear intent not to come back and a lack of consent from the other spouse. This includes both actual physical abandonment and “constructive abandonment,” where one spouse refuses to engage in sexual relations for a year or more without justification. It’s crucial to document the period of separation and any attempts to reconcile or reasons for the departure, as the legal definition is quite specific.

Imprisonment (DRL § 170(3))

You can seek a divorce if your spouse has been imprisoned for three or more consecutive years after the marriage began. This ground simplifies things by relying on official records of incarceration. The imprisonment must be ongoing or must have concluded no more than five years before the divorce action is commenced. This ground removes the need to prove marital misconduct, focusing instead on the legal incapacitation of one spouse due to their incarceration.

Adultery (DRL § 170(4))

Adultery is defined as an act of sexual intercourse or deviate sexual intercourse voluntarily performed by a spouse with a person other than the plaintiff spouse during the marriage. Proof of adultery in New York courts can be challenging. Often, it requires more than just suspicion; circumstantial evidence, such as opportunity and inclination, combined with corroborating testimony, is usually needed. Direct evidence of the act is rarely available. This can be one of the most contentious and expensive grounds to pursue due to the personal nature of the accusations and the difficulty of proof.

Residency Requirements for a New York Divorce

Before you can even consider the grounds for divorce, you must meet New York State’s residency requirements. These aren’t just bureaucratic hurdles; they ensure that New York has a legitimate interest in presiding over your marital dissolution. Generally, one of the following must be true:

• Either you or your spouse has resided in New York State continuously for at least two years immediately preceding the commencement of the action, AND the marriage ceremony was performed in New York State.
• Either you or your spouse has resided in New York State continuously for at least one year immediately preceding the commencement of the action, AND one of the following is true: the marriage ceremony was performed in New York, the parties resided as husband and wife in New York, or the cause of action (the reason for divorce) occurred in New York.
• Both you and your spouse are residents of New York State at the time the divorce action is commenced AND the grounds for divorce arose in New York.

Getting these details right from the start is paramount. Errors here could mean significant delays or even dismissal of your case. We can’t stress enough how important it is to ensure you meet these criteria before proceeding. Mr. Sris often emphasizes, “My focus since founding the firm in 1997 has always been directed towards personally handling the most challenging and complex criminal and family law matters our clients face.” While divorce might not be a ‘criminal’ matter, its complexity certainly makes it one of the ‘challenging’ areas where meticulous attention to detail, like residency, is crucial.

The Divorce Process: What to Expect

Once you’ve established your grounds and met the residency requirements, the actual divorce process begins. This typically involves several stages, from filing the initial petition to negotiating or litigating key issues.

1. Filing and Service

The process starts with filing a Summons with Notice or a Summons and Complaint with the county clerk. These documents formally inform your spouse that a divorce action has been initiated. Proper service of these papers on your spouse is critical. There are strict rules about how and when these documents must be delivered to ensure your spouse’s rights are protected. Don’t underestimate the importance of this step; flawed service can derail your case before it even truly begins.

2. Negotiation and Discovery

After filing, many couples attempt to negotiate a settlement agreement. This often covers critical aspects like equitable distribution of marital assets and debts, spousal support (alimony), child custody, visitation schedules, and child support. If an agreement is reached, it becomes part of the final divorce judgment. If not, the process moves into discovery, where both parties exchange financial documents and other relevant information to ensure full transparency. “I find my background in accounting and information management provides a unique advantage when handling the intricate financial and technological aspects inherent in many modern legal cases,” Mr. Sris notes. This Experienced professionalise is particularly valuable during the discovery phase, where thorough examination of financial records can significantly impact the outcome.

3. Court Intervention (if necessary)

If negotiations falter, judicial intervention may be required. This could involve mediation, where a neutral third party helps facilitate a compromise, or litigation, where a judge makes decisions on contested issues after hearing arguments and reviewing evidence. Litigation can be lengthy, expensive, and emotionally draining, so it’s often seen as a last resort. For us, prioritizing your well-being means exploring all avenues for resolution before heading to court. However, should court be necessary, our team is prepared to advocate vigorously on your behalf.

4. Judgment of Divorce

Regardless of whether your divorce is settled through negotiation or litigation, the final step is the Judgment of Divorce. This is the official court order that legally ends your marriage and incorporates all agreements or court decisions regarding property division, support, and child arrangements. Once signed by a judge and entered by the county clerk, your divorce is final. This document legally formalizes your new chapter, providing closure and a clear path forward.

The Role of Legal Counsel at Law Offices of SRIS, P.C.

Divorce isn’t just a legal procedure; it’s a life-altering event. Having knowledgeable and empathetic legal guidance can make all the difference. Our seasoned attorneys at Law Offices of SRIS, P.C. are here to provide clear, direct advice and reassuring support every step of the way. We aim to demystify the legal process, protect your interests, and help you achieve the most favorable outcome possible.

“As someone deeply involved in the community, I believe it’s important to not only practice law but also to actively participate in shaping it, which is why I dedicated effort towards amending Virginia Code § 20-107.3 and achieving state recognition for cultural milestones,” shares Mr. Sris. This dedication to justice and positive impact extends to our approach in family law, where we strive to resolve cases with integrity and a focus on our clients’ future well-being.

We’ll start with a confidential case review to understand your unique situation, explain your options under New York law, and help you make informed decisions. We’re here to lighten your burden and guide you towards a brighter future.

FAQs About Divorce in New York State

What does “irretrievably broken” truly mean in a New York no-fault divorce?

In New York, “irretrievably broken” simply means that your marriage has deteriorated to the point where it cannot be saved, and this has been the case for at least six continuous months. It’s a statement of fact, not an admission of fault, designed to simplify the divorce process by removing the need for blame. This approach can help reduce conflict and emotional strain during an already difficult time.

Are there any advantages to pursuing a fault-based divorce in New York?

While rarer, pursuing a fault-based divorce (like for cruel and inhuman treatment or adultery) might offer strategic advantages in certain situations. For example, if you can prove extreme marital fault, it could potentially influence the court’s decisions regarding equitable distribution of assets or spousal support, although this is not guaranteed and requires strong evidence. It’s often a more contentious path, but it can be beneficial in specific, complex cases.

How long do I need to live in New York State before I can file for divorce?

New York has specific residency requirements you must meet. Generally, either you or your spouse must have lived in the state for at least one or two continuous years, depending on factors like where you were married or where the grounds for divorce arose. Ensuring you meet these criteria from the outset is vital to avoid delays in your divorce proceedings.

What happens if my spouse doesn’t agree to the divorce?

Even if your spouse doesn’t agree to the divorce, you can still proceed. If you cite “irretrievably broken” as your ground, their agreement isn’t legally required for the divorce itself, only for the settlement of issues like property division or custody. If they contest these aspects, the court will intervene to make decisions based on New York law. It’s definitely not ideal, but we’ll help you Handling contested issues.

Will a New York divorce always involve going to court?

Not necessarily. Many divorces in New York are settled through negotiation, mediation, or collaborative law, avoiding a lengthy court battle. If both parties can agree on all terms, a judge will review and sign the agreement, and you might only appear briefly in court. However, if agreements can’t be reached, litigation becomes necessary, but our goal is always to find the most amicable resolution possible.

What issues are decided during a New York divorce?

Beyond the legal dissolution of your marriage, a New York divorce will address key issues such as equitable distribution of marital assets and debts, spousal support (alimony), child custody arrangements, visitation schedules, and child support. These critical decisions shape your post-divorce life, and our experienced attorneys can help protect your rights and interests in each area.

What is “equitable distribution” in New York divorce law?

Equitable distribution means that marital property is divided fairly, though not necessarily equally, between spouses. New York courts consider many factors, including the length of the marriage, the income and property of each spouse, and contributions to the marriage. It’s a complex process aimed at achieving a just division that reflects the unique circumstances of your marriage, and it’s essential to have strong representation.

Can I get temporary support or custody orders during my New York divorce?

Yes, New York courts can issue temporary orders for spousal support (alimony) and child custody/visitation during the divorce process. These temporary orders provide stability and financial support while the divorce is pending. They ensure that immediate needs are met until final agreements or court orders are in place. We can help you pursue these if your situation requires immediate arrangements.

How long does a divorce typically take in New York State?

The duration of a New York divorce varies greatly depending on its complexity and whether it’s contested. An uncontested, no-fault divorce with a full agreement can be finalized in as little as six months to a year. However, if there are contested issues or significant assets, the process can take much longer, sometimes several years. Patience and strategic planning are key to Handling the timeline efficiently.

Is it possible to reverse or appeal a New York divorce judgment?

Once a Judgment of Divorce is signed and entered, it is generally final. However, in certain limited circumstances, you might be able to appeal specific aspects of the judgment or seek to have it vacated if there were significant legal errors or fraud involved. This is an uphill battle that requires a strong legal argument, and it’s best to discuss such possibilities with experienced legal counsel promptly.