What Are the Grounds for Divorce in New York?

I’ve Just Been Charged — What Happens to Me Now?

Facing the prospect of divorce can feel like a charge, especially when you’re uncertain about the legal path ahead.

Direct answer: The first thing that happens is you gain clarity on the legal options available in New York for dissolving your marriage.

Reassurance: You’re not alone in this process, and many people successfully navigate divorce with proper legal support. We’re here to explain each ground for divorce, what it means for your specific situation, and how we can help protect your interests.

What the Law Says in New York

New York Domestic Relations Law specifies the grounds upon which a divorce can be granted.

New York Domestic Relations Law specifies the grounds upon which a divorce can be granted. Since 2010, New York has included a no-fault ground for divorce, which has significantly streamlined the process for many couples. However, fault-based grounds still exist and might be relevant depending on your circumstances.

Here’s a breakdown of the grounds for divorce in New York:

Irretrievable Breakdown of the Marriage (No-Fault Divorce): This is the most commonly used ground. To obtain a divorce on this basis, one party must simply state under oath that the marriage has broken down irretrievably for a period of at least six months. All economic issues (like equitable distribution of marital property, spousal support, child support, and attorney’s fees) and non-economic issues (like custody and visitation) must either be resolved or determined by the court before the divorce can be finalized.

Cruel and Inhuman Treatment (Fault-Based): This ground requires proving that the conduct of one spouse endangers the physical or mental well-being of the other to the extent that it is unsafe or improper for them to continue living together. This often involves a pattern of abusive behavior, though a single severe act could suffice.

Abandonment (Fault-Based): There are two types of abandonment:
1. Actual Abandonment: One spouse leaves the other for a continuous period of one year or more, without consent, and with no intention of returning.
2. Constructive Abandonment: One spouse repeatedly refuses to engage in sexual relations with the other for a continuous period of one year or more, without justification, despite repeated requests.

Imprisonment (Fault-Based): If a spouse has been imprisoned for three or more consecutive years after the marriage, or if a spouse has been imprisoned for three or more consecutive years in total, and the imprisonment began after the marriage, this can be a ground for divorce. The action must be commenced while the spouse is in prison or within five years after their release.

Adultery (Fault-Based): This requires proving that a spouse committed an act of sexual intercourse with a person other than their spouse. This can be challenging to prove as it often requires corroborating evidence beyond mere suspicion.

Living Separate and Apart Pursuant to a Separation Judgment or Decree (Fault-Based, but functions like no-fault): If a couple has obtained a judgment of separation from a court and has lived separate and apart for one year or more after the judgment was granted, either spouse can use this as a ground for divorce.

Living Separate and Apart Pursuant to a Written Separation Agreement (Functions like no-fault): If a couple has signed and filed a valid written separation agreement, and they have lived separate and apart for one year or more after the execution of the agreement, either spouse can use this as a ground for divorce. The agreement must have been complied with during that period.

What You Can Do Today

If you’re navigating the complexities of divorce in New York, taking proactive steps is vital.

1. Gather Essential Documents: Start collecting financial records, property deeds, marriage certificates, and any other relevant documentation. This will be invaluable for a confidential case review.
2. Understand Your Options: Familiarize yourself with New York’s divorce grounds, but avoid making assumptions. The specifics of your situation will determine the most appropriate legal strategy.
3. Seek Knowledgeable Legal Counsel: Contact Law Offices Of SRIS, P.C. for a confidential case review. Our experienced team can assess your situation, explain your rights, and outline a clear path forward.

In simple terms: Collect your information, learn about your rights, and get experienced legal advice to plan your next steps effectively.

How We Start Building Your Defense

When you choose Law Offices Of SRIS, P.C., we begin by conducting a thorough confidential case review to understand every detail of your marriage, your assets, and your concerns.

When you choose Law Offices Of SRIS, P.C., we begin by conducting a thorough confidential case review to understand every detail of your marriage, your assets, and your concerns. Mr. Sris and our team are committed to providing personalized attention, even in the most challenging family law cases. We’ll outline the most advantageous grounds for divorce in your specific circumstances, whether it’s navigating the straightforward path of an irretrievable breakdown or strategically addressing fault-based issues. Our approach is always client-focused, aiming for the most favorable outcome while ensuring your rights are protected.