How to start a divorce

Grounds for Divorce

In the state of New York, both fault-based and no-fault grounds for divorce are recognized. The no-fault ground for divorce in New York is an irretrievable breakdown in a relationship for at least six months. This ground is applied to an uncontested divorce.

The fault-based grounds for divorce point out the spousal misconduct that led to the separation. These grounds include cruelty, a desertion of the spouse for at least one year, imprisonment for at least three years, and adultery.

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