What Are the Grounds for Divorce in New York? Your Guide to Legal Grounds Divorce NY

As of December 2025, the following information applies. In New York, what are the grounds for divorce involves understanding the seven legally recognized reasons, including cruel and inhuman treatment, abandonment, imprisonment, adultery, divorce after legal separation, and the no-fault option of irretrievable breakdown. The Law Offices Of SRIS, P.C. provides dedicated legal defense for these matters.

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What is Divorce Based on Grounds in New York?

Getting a divorce is a huge life decision, and understanding the legal reasons, or ‘grounds,’ for dissolving a marriage in New York is the first step. Think of grounds as the official reason you give the court for why your marriage should end. New York State law spells out exactly what these reasons can be. You can’t just say, “We don’t get along anymore” and expect it to be enough; the court needs a specific, legally recognized reason to grant a divorce. This is where things can feel a bit daunting, but it doesn’t have to be. We’re here to break it down simply so you can see your path forward with clarity.

New York recognizes seven distinct grounds for divorce. Six of these are ‘fault-based,’ meaning one spouse alleges the other did something wrong. The seventh is ‘no-fault,’ which became law in 2010 and greatly simplified the divorce process for many couples. Understanding each one is key to knowing which applies to your situation. Let’s explore what each of these legal grounds divorce NY accepts actually means for you and your future.

Cruel and Inhuman Treatment

This ground means one spouse’s conduct toward the other makes it unsafe or improper for them to continue living together. It’s not just about a bad argument; it requires a pattern of behavior that’s genuinely harmful. This could include physical violence, severe verbal abuse, emotional distress, or any conduct that seriously endangers the mental or physical well-being of the plaintiff. The court considers the duration of the marriage and the severity of the alleged conduct when evaluating such claims. It’s a serious allegation that needs more than just simple discord.

Abandonment

Abandonment occurs when one spouse leaves the marital home without justification, without the other spouse’s consent, and with no intention of returning, for a continuous period of one year or more. There’s also ‘constructive abandonment,’ which is a bit different. This happens when one spouse refuses to engage in sexual relations with the other for a year or more, without justification, and despite repeated requests. Yes, that’s right, even a lack of intimacy can be a ground for divorce here in New York. It’s about a complete withdrawal from the marital relationship.

Imprisonment

If your spouse has been imprisoned for three or more consecutive years after the marriage, this can be a ground for divorce. The imprisonment must have started after the marriage ceremony. The divorce action can be commenced while the spouse is still imprisoned or within five years after their release. It’s a straightforward ground, often less about proving fault and more about establishing the fact of incarceration.

Adultery

Adultery is defined as an act of sexual intercourse, voluntary sexual contact, or deviate sexual intercourse, committed by a spouse with a person other than the other spouse. This ground can be challenging to prove in court because it often requires concrete evidence, not just suspicion. Testimony from the unfaithful spouse or the third party is rare, so often circumstantial evidence is used. However, New York law requires more than just suspicion; it often demands corroborating evidence to prevent false accusations. Blunt Truth: Proving adultery can be messy and expensive, so many couples opt for no-fault if it’s available.

Divorce After Legal Separation

New York law allows for a divorce based on a separation agreement or a judgment of separation. If you and your spouse have lived separate and apart for one year or more after signing a written separation agreement, and you’ve both substantially complied with its terms, you can seek a divorce on this ground. Similarly, if you’ve obtained a judgment of separation from the court and have lived apart for one year or more, this too can be a basis for divorce. It’s a way to formalize a separation before ultimately dissolving the marriage.

Irretrievable Breakdown of the Marriage (No-Fault Divorce)

This is the ground that changed New York divorce law significantly. It means the relationship between husband and wife has broken down irretrievably for a period of at least six months. This is the ‘no-fault’ option. To use this ground, all economic issues, including equitable distribution of marital property, payment of spousal support, child support, and attorney fees, must either be resolved by the parties or determined by the court. You don’t need to point fingers or prove wrongdoing; you simply state the marriage is broken beyond repair. It’s often the quickest and least contentious path if both parties agree on the financial and custody aspects.

Takeaway Summary: New York offers fault-based and no-fault grounds for divorce, requiring specific conditions to be met for each. (Confirmed by Law Offices Of SRIS, P.C.)

How to Prove Grounds for Divorce in New York and What Happens Next?

Proving the grounds for divorce in New York isn’t always straightforward, especially if you’re pursuing a fault-based divorce. It involves gathering evidence and presenting a compelling case to the court. The steps you take will largely depend on which ground you’re asserting. Let’s unpack the process, from documenting issues to Handling the court system, so you know what to expect and how to prepare for this significant legal journey.

1. Understand Your Chosen Ground and its Requirements

   First things first, you need to clearly understand the specific legal elements required for the ground you’re alleging. For example, ‘cruel and inhuman treatment’ isn’t just a general complaint; it requires specific instances of behavior that endanger your well-being. ‘Abandonment’ means a specific duration (one year or more) and intent. The ‘no-fault’ ground of irretrievable breakdown still requires all financial and custody matters to be resolved. Knowing the exact legal definition for your chosen ground is foundational. This means asking: Do I have enough real-world examples to meet the legal standard? If you’re not sure, don’t worry, that’s precisely what Counsel at Law Offices Of SRIS, P.C. are here for.

2. Gathering Evidence for Fault-Based Grounds

   If you’re alleging a fault-based ground, evidence is your best friend. For cruel and inhuman treatment, this might include medical records documenting injuries, police reports, journals, text messages, emails, or witness testimony from friends or family who observed the conduct. For adultery, you might need phone records, social media posts, credit card statements, or even private investigator reports, although direct proof is still tough. For abandonment, logs of dates your spouse left and returned, or proof of lack of contact, are important. The more documentation you have, the stronger your case will be. Remember, the court needs verifiable proof, not just your word.

3. Filing the Summons and Complaint

   The divorce process officially begins when your attorney files a Summons with Notice or a Summons and Verified Complaint with the court. The Verified Complaint is where you formally state the grounds for divorce, along with other requests like child custody, support, and property division. This document needs to be precise and include factual allegations supporting your chosen grounds. If your complaint is vague or doesn’t meet the legal standard, it could be rejected or challenged by your spouse’s attorney. It’s a detailed legal document that sets the stage for everything that follows.

4. Serving Your Spouse

   Once filed, the Summons and Complaint must be formally ‘served’ (delivered) to your spouse according to specific legal rules. This is generally done by a third party, not by you. Proper service is absolutely essential because if it’s not done correctly, the entire case can be delayed or even dismissed. After being served, your spouse has a limited time to respond to the complaint, either by agreeing to the divorce (defaulting) or by filing their own Answer, potentially contesting the grounds or other demands.

5. Discovery and Negotiations

   After your spouse responds, the ‘discovery’ phase often begins. This is where both sides exchange financial information, documents, and potentially conduct depositions (out-of-court sworn testimonies). This stage is critical for laying bare all aspects of the marital estate and income, which are vital for resolving equitable distribution, spousal support, and child support. Many divorces are resolved through negotiations, mediation, or collaborative law during this phase, often culminating in a Marital Settlement Agreement. You and your spouse, with your attorneys, will try to agree on all the terms.

6. Trial (If No Settlement is Reached)

   If you and your spouse can’t reach an agreement on all issues, the case will proceed to trial. At trial, both sides present their evidence, call witnesses, and argue their case before a judge. If you’re pursuing a fault-based divorce and your spouse contests the grounds, your attorney will present the evidence gathered to prove the alleged misconduct. The judge will then make decisions on all outstanding issues, including whether the grounds for divorce have been met, who gets what property, custody arrangements, and support obligations. A trial can be lengthy, emotionally taxing, and expensive, which is why settlement is often preferred.

7. Finalizing the Divorce

   Once all issues are resolved, either through settlement or a judge’s decision, a Judgment of Divorce is prepared and signed by the judge. This is the official document that legally ends your marriage. It outlines all the terms of your divorce, from property division to custody and support. Until this document is signed and filed, you are still legally married. It’s the final hurdle, but once cleared, you can truly begin your new chapter.

Can I Still Get a Divorce in New York if My Spouse Disagrees with the Grounds?

Absolutely, yes. It’s a common fear: ‘What if my spouse just won’t agree?’ Many people worry that if their spouse contests the divorce or the grounds they’ve chosen, they’ll be stuck in an endless legal battle. The good news is, a spouse’s disagreement doesn’t prevent a divorce from happening in New York. While a contested divorce can certainly make the process more challenging and potentially lengthier, the court ultimately has the power to grant a divorce if the legal grounds are met, even over one spouse’s objection. It just means the case will likely proceed through the litigation process, potentially to a trial, where a judge will make the final decisions on the grounds and all other issues.

If your spouse contests the grounds, your attorney will need to present compelling evidence to the court to prove your chosen ground. For example, if you allege cruel and inhuman treatment, you’ll need specific documentation and testimony to support those claims. If you’re seeking a no-fault divorce based on an irretrievable breakdown, and your spouse disagrees on the resolution of financial or custody issues, the court will step in to decide those matters. The court’s role is to apply the law to the facts, not simply to side with the spouse who agrees the most. While it adds a layer of complexity, you’re not powerless. You just need knowledgeable legal representation to assert your rights effectively and guide you through the dispute.

The key here is persistent, skilled representation. An attorney experienced in New York divorce law can help you gather the necessary evidence, present your case effectively, and negotiate or litigate disputed matters. They can also explore alternative dispute resolution methods, such as mediation, even in contested cases, to try and find common ground. While your spouse’s disagreement means a smoother, faster divorce might not be in the cards, it certainly doesn’t mean divorce is impossible. It simply means you’ll need a stronger legal strategy and a firm prepared to represent your interests vigorously in court.

Remember, the New York legal system is designed to provide a pathway for divorce, even when there’s significant disagreement. Your focus should be on building a strong case and having someone by your side who understands how to steer the ship through rough waters. Don’t let the fear of a contested divorce stop you from pursuing the change you need. With the right legal support, you can absolutely move forward, regardless of your spouse’s stance on the divorce or the specific grounds you’re asserting.

Why Hire Law Offices Of SRIS, P.C. for Your New York Divorce?

When you’re facing something as significant as a divorce, you don’t just need a lawyer; you need a confidant, a strategist, and a strong advocate. At Law Offices Of SRIS, P.C., we get that this is more than just a legal procedure—it’s your life, your family, and your future on the line. Our approach is built on providing you with direct, honest advice and reassuring guidance through what can often feel like a terrifying period. We’re here to help you understand what are the grounds for divorce in New York and ensure your rights are protected every step of the way. Our experienced team will walk you through the various divorce court options in New York, helping you determine the best path forward for your unique situation. We believe that knowledge is power, and we will empower you with all the information necessary to make informed decisions during this challenging time. Together, we will work toward achieving the best possible outcome for you and your loved ones.

Mr. Sris, our founder, brings a seasoned perspective to family law. He says, “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.” This dedication is at the core of how we operate. We’re not just processing paperwork; we’re working to understand your unique situation, your concerns, and your goals, then crafting a legal strategy designed to achieve the best possible outcome for you.

Whether your case involves proving fault-based grounds, like cruel and inhuman treatment or abandonment, or Handling the specifics of a no-fault divorce with complex financial arrangements, we have the experience to represent you effectively. We’ll help you gather the necessary evidence, present your case persuasively, and fight for your interests regarding property division, spousal support, child custody, and visitation. We know the ins and outs of New York divorce law, and we put that knowledge to work for you.

We believe in clear communication, making sure you’re informed and prepared at every stage. We’ll explain the legal jargon in plain English, outline your options, and empower you to make informed decisions. You won’t be left in the dark wondering what’s happening. Our commitment is to provide dedicated, empathetic, and results-driven representation, ensuring your voice is heard and your rights are upheld.

If you’re grappling with the complexities of divorce in New York, don’t face it alone. Let us provide you with the dedicated support and skilled representation you need. Our Law Offices Of SRIS, P.C. has a location in Buffalo to serve your New York divorce needs.

Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY, 14202, US
Phone: +1-838-292-0003

Call now for a confidential case review and let us help you move forward.

Frequently Asked Questions About New York Divorce Grounds

Q: How long does a fault-based divorce take in New York?

A: A fault-based divorce often takes longer than a no-fault divorce because proving fault requires gathering evidence and potentially litigating contested claims. The exact timeframe varies significantly based on complexity, court calendars, and how vigorously your spouse contests the allegations, sometimes extending to over a year or more.

Q: Can I get a divorce in New York if I don’t know where my spouse is?

A: Yes, it’s possible. This is called a “divorce by publication.” After making diligent efforts to locate your spouse without success, you can ask the court for permission to publish notice of the divorce action in approved newspapers. This serves as official notice for your spouse.

Q: Is New York a 50/50 state for property division?

A: New York is an “equitable distribution” state, not strictly a 50/50 state. This means marital property is divided fairly, but not necessarily equally. The court considers various factors like each spouse’s income, health, contributions to the marriage, and duration of the marriage.

Q: What is the difference between legal separation and divorce in New York?

A: A legal separation is a court order that allows spouses to live apart with formalized arrangements for finances, custody, and support, but they remain legally married. A divorce, conversely, legally ends the marriage, allowing both parties to remarry.

Q: Do I need a lawyer for a no-fault divorce in New York?

A: While technically possible to file without one, it’s highly advisable to have an attorney even for a no-fault divorce. All financial and custody issues must be resolved before a no-fault divorce can be granted, and a lawyer ensures your rights and interests are protected in the settlement.

Q: What if I can’t afford a divorce lawyer in New York?

A: There are options. Some attorneys offer payment plans, and you might qualify for legal aid services depending on your income. In some cases, the court may order your spouse to contribute to your attorney fees, especially if there’s a significant income disparity.

Q: Can domestic violence be a ground for divorce in New York?

A: Yes, severe and repeated domestic violence typically falls under the ground of “cruel and inhuman treatment.” This requires proving a pattern of behavior that endangers the physical or mental well-being of the filing spouse, making it unsafe to continue the marriage.

Q: How does adultery impact property division or spousal support in New York?

A: Generally, adultery does not directly impact property division or spousal support in New York. The courts focus on equitable distribution of assets and financial need/ability to pay for support. However, egregious conduct related to the adultery (like wasting marital assets on an affair) could potentially be considered.

Q: Can I change my mind about divorcing once the process has started?

A: Yes, you can typically discontinue a divorce action at almost any point before the Judgment of Divorce is finalized, as long as your spouse hasn’t filed a counterclaim for divorce. If your spouse has counterclaimed, their claim could still proceed independently.

Q: What is an ‘uncontested divorce’ in New York?

A: An uncontested divorce is one where both spouses agree on all terms of the divorce, including grounds, property division, child custody, and support. This usually involves a written settlement agreement and is generally a quicker and less expensive process than a contested divorce.

The Law Offices Of SRIS, P.C. has locations in Virginia in Fairfax, Loudoun, Arlington, Shenandoah and Richmond. In Maryland, our location is in Rockville. In New York, we have a location in Buffalo. In New Jersey, we have a location in Tinton Falls.

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