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What are Grounds for Divorce in New York State

Grounds for Divorce in New York State: A Comprehensive Exploration

In New York, obtaining a divorce requires legal grounds that serve as the basis for the dissolution of a marriage. These grounds, which vary between “no-fault” and “fault” categories, provide the legal framework upon which a divorce case is built. This comprehensive guide delves into the grounds for divorce in New York State, shedding light on the various options available to individuals seeking to end their marital unions.

No-Fault Grounds for Divorce

  1. Irretrievable Breakdown of the Marriage:

Introducing “no-fault” grounds in New York State in 2010 marked a significant shift in divorce law. Under this ground, a divorce can be granted if the marriage has irretrievably broken down for at least six months. Both parties must affirm their agreement to the divorce.

  1. Irretrievable Breakdown of the Marriage for More Than a Year:

This ground is similar to the previous one, but the requirement is extended to a period of more than one year. It can be used in cases where spouses have been separated and living apart for over a year, and both agree to the divorce.

Fault Grounds for Divorce | what are grounds for divorce in new york state

  1. Cruel and Inhuman Treatment:

This ground involves proving that one spouse cruelly treated the other, making it unsafe or improper for the couple to continue living together. Examples include physical or emotional abuse.

  1. Abandonment:

Abandonment, also known as “constructive abandonment,” occurs when one spouse leaves the other for at least a year against their wishes, without a justifiable reason, and to end the marriage.

  1. Adultery:

Adultery refers to one spouse engaging in extramarital sexual relationships. To use this ground, the spouse seeking the divorce must provide evidence of the adultery.

  1. Imprisonment:

Imprisonment is a fault if one spouse has been imprisoned for at least three consecutive years after marriage. The imprisonment must have begun after the marriage ceremony.

  1. Separation Judgment:

This fault ground is applicable if the couple has been living separately and apart according to a legal separation judgment for at least one year. This is separate from the no-fault ground of separation, which requires an agreement of both parties.

  1. Conversion of Separation Judgment:

If the couple has been living separately and apart pursuant to a separation judgment for at least a year and the terms of the judgment have been complied with, it can be used as a ground for divorce.

Final Words:

The grounds for divorce in New York State provide a framework for individuals seeking to end their marriages. Whether through “no-fault” or “fault” grounds, these legal options acknowledge the complexities of marital relationships and offer a path for resolution. Introducing “no-fault” grounds has streamlined the divorce process, reducing the need for lengthy litigation in cases where both parties agree to the dissolution. On the other hand, “fault” grounds address situations involving specific instances of misconduct within the marriage. Consulting with a knowledgeable family law attorney is essential to determine the most appropriate grounds for your unique circumstances and navigate the complex landscape of divorce law in New York State.

Looking for Experience Guidance on Grounds for Divorce in New York State? Contact The Law Office of SRIS.P.C. Today!

Are you facing the challenging decision of pursuing a divorce in New York State? Navigating the grounds for divorce can be complex, but you don’t have to go through it alone. At The Law Office of SRIS.P.C., our team of experienced family law attorneys is here to provide you with efficient guidance and support every step of the way.

Why Choose The Law Office of SRIS.P.C.?

Our experienced team understands the intricacies of New York divorce law, including the various grounds for divorce available to you. Whether you’re considering a “no-fault” divorce due to an irretrievable marriage breakdown or need advice on navigating “fault” grounds such as adultery or cruel treatment, we have the knowledge and experience to help you make informed decisions.

Personalized Attention and Tailored Solutions

We know every divorce case is unique, and we take the time to listen to your situation. Our attorneys work closely with you to understand your needs, concerns, and objectives. With this information, we craft personalized legal strategies tailored to your circumstances, ensuring your rights and interests are protected.

Committed to Your Peace of Mind

Divorce can be emotionally overwhelming, and understanding the grounds for divorce can add an extra layer of complexity. Our goal is to provide you with clarity and peace of mind throughout the process. We communicate clearly, provide straightforward advice, and guide you through each stage, so you know what to expect and can make confident decisions.

Schedule Your Consultation Today

If you’re considering divorce in New York State or have questions about the grounds for divorce, don’t hesitate to contact The Law Office of SRIS.P.C. Our compassionate and knowledgeable attorneys are ready to offer you the support you need during this challenging time. Schedule a consultation today and take the first step toward a brighter future.

Contact us today, and let us be your trusted partners on the journey ahead. Remember, you don’t have to face divorce alone – The Law Office of SRIS.P.C. is here to guide you with possible strategies.


  1. What are “grounds for divorce” in New York State? what are grounds for divorce in new york state

Grounds for divorce refer to the legal reasons or justifications on which a spouse can seek to end their marriage.

  1. What are the “no-fault” grounds for divorce in New York?

New York introduced “no-fault” divorce in 2010. The no-fault grounds include the claim that the marriage has been irretrievably broken for at least six months, and both parties agree to divorce.

  1. What are some common “fault” grounds for divorce in New York?

Common “fault” grounds for divorce in New York include:

  • Adultery.
  • Cruel and inhuman treatment.
  • Abandonment for a specified period.
  • Imprisonment for three or more consecutive years.
  • Living apart under a separation judgment or agreement.
  1. Can I choose either “no-fault” or “fault” grounds for divorce in New York?

Yes, you can choose either “no-fault” or “fault” grounds for divorce in New York based on your specific situation and the circumstances of your marriage.

  1. What’s the significance of choosing “no-fault” grounds for divorce?

Choosing “no-fault” grounds simplifies the divorce process, as it doesn’t require proving misconduct or blame. It’s often a smoother and less contentious way to end a marriage.

  1. Can I claim multiple “fault” grounds for divorce in New York?

You can claim multiple “fault” grounds for divorce in New York if more than one applies to your situation. This can provide alternative legal avenues for seeking the dissolution of the marriage.

  1. What’s the process for proving “fault” grounds for divorce?

For “fault” grounds, you need to provide evidence supporting the specific ground you’re claiming. This could involve providing documentation, witnesses, or other relevant proof.

  1. Can the defendant contest the “fault” grounds for divorce?

The defendant can contest the “fault” grounds if they disagree with the allegations. This can lead to a more complex and potentially litigious divorce process.

  1. How do “fault” grounds affect property division and support?

In New York, “fault” grounds can impact property division and support arrangements. For instance, specific “fault” grounds could influence the court’s decision on alimony (spousal support) or distribution of assets.

  1. Can I change the grounds for divorce after filing?

If you initially file on “fault” grounds but circumstances change, you can amend your petition to reflect “no-fault” grounds or other grounds that align with your situation. This process may require court approval.

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