Grounds for Divorce in New York: 7 Reasons for Filing

To obtain a divorce in New York, you must have a legally valid reason, known as "grounds" for divorce. New York law recognizes both fault-based and no-fault grounds. Understanding these grounds is crucial when filing for divorce. At New York Family Attorneys, our experienced divorce lawyers in NYC can help you determine which grounds are most appropriate for your situation and guide you through the divorce process.

Fault-Based Grounds for Divorce in New York

Fault-based grounds require you to prove that your spouse is responsible for the breakdown of the marriage. These grounds include:

Cruel and Inhuman Treatment: 

This ground involves conduct by your spouse that so endangers your physical or mental well-being that it is unsafe or improper for you to continue cohabitating. This can include physical abuse, emotional abuse, or other conduct that makes it impossible to continue the marriage. It's important to note that this requires more than just occasional disagreements or arguments. Proving cruel and inhuman treatment can be complex and may require evidence such as medical records, police reports, or witness testimony.

Abandonment: 

Abandonment occurs when your spouse leaves you with the intent to abandon the marriage for a continuous period of at least one year. This requires more than just a temporary absence; it must be a deliberate and permanent departure.

Imprisonment: 

If your spouse has been imprisoned for three or more consecutive years after the date of your marriage, this can be grounds for divorce.

Adultery: 

Adultery involves voluntary sexual intercourse with someone other than your spouse. While it can be a ground for divorce, it can be challenging to prove and may require evidence such as witness testimony, photographs, or admissions.

No-Fault Divorce in New York

New York also offers a no-fault ground for divorce, which doesn't require you to prove your spouse was at fault for the breakdown of the marriage.

Irretrievable Breakdown of the Marriage: 

This ground, also known as "no-fault" divorce, simply requires one party to state under oath that the marriage has broken down irretrievably for a period of at least six months. This means that the relationship has deteriorated to the point where there is no reasonable hope of reconciliation.

Living Apart Pursuant to a Separation Decree or Judgment: 

This ground allows for divorce if the couple has lived apart for at least one year following a formal separation decree or judgment issued by a court. The person filing for divorce must show that they have substantially complied with the terms of the separation decree or judgment.

Living Apart Pursuant to a Separation Agreement: 

This ground allows for divorce if the couple has lived apart for at least one year following a written separation agreement. The agreement must be properly signed and acknowledged. Similar to the previous ground, the person filing for divorce must demonstrate that they have substantially complied with the terms of the separation agreement. The agreement itself, or a memorandum with specific details about the agreement, should be filed with the appropriate county clerk

Important Considerations for No-Fault Divorce

While no-fault divorce doesn't require assigning blame, there are still important requirements:

Resolving Economic Issues: 

Before the court will grant a no-fault divorce, the parties must resolve all economic issues, including:

• Equitable distribution of marital property

• Spousal maintenance (alimony)

• Child support

• Payment of legal fees and expenses

Custody and Visitation: 

Custody and visitation arrangements for any children of the marriage must also be resolved before a no-fault divorce can be finalized.

Implications of Choosing Fault vs. No-Fault Grounds

The grounds you choose for your divorce can have implications for other aspects of your case, such as spousal maintenance, equitable distribution, and child custody. For example, if you prove adultery or cruel and inhuman treatment, it could affect the court's decision on spousal support or the division of property. It's important to discuss these implications with an experienced divorce lawyer before deciding which grounds to pursue.

Defenses to Fault-Based Divorce

If your spouse files for divorce on fault-based grounds, there may be legal defenses available to you. These defenses include:

• Condonation: If you forgave your spouse for the marital offense.

• Recrimination: If both spouses are guilty of marital misconduct.

• Provocation: If your spouse's conduct provoked your misconduct.

Common Misconceptions about Grounds for Divorce

"I need to prove my spouse is at fault to get a divorce." This is not true. New York offers a no-fault divorce option based on the irretrievable breakdown of the marriage.

"A single instance of infidelity automatically qualifies as adultery." Adultery requires proving specific elements, and it's not always straightforward.

How Our NYC Divorce Lawyers Can Help

Choosing the right grounds for divorce can have significant implications for your case. Our experienced divorce attorneys in NYC can:

• Help you understand the different grounds for divorce in New York.

• Advise you on which grounds are most appropriate for your situation.

• Gather the necessary evidence to support your claim, if necessary.

• Represent you in court and negotiate on your behalf.

Need Help With Your Divorce?

Contact New York Family Attorneys today for a confidential consultation with an experienced divorce lawyer in NYC. We can help you understand your options and protect your rights.