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Grounds for Divorce in New York

New York provides both no-fault and fault-based grounds for divorce, offering couples the flexibility to choose the most suitable option based on their unique circumstances.

No-Fault Grounds for Divorce

• Irretrievable Breakdown: The most common no-fault ground in New York, meaning that the relationship between the spouses has irretrievably broken down for at least six months. One party must state under oath that the marriage is broken beyond repair. However, all economic issues must be resolved before the divorce can be finalized.

Fault-Based Grounds for Divorce

• Cruel and Inhuman Treatment: One spouse's treatment endangers the other’s physical or mental health, making cohabitation unsafe or improper. This includes domestic violence and emotional abuse.
• Abandonment: One spouse has abandoned the other for at least one year. Abandonment includes physical abandonment (where one spouse leaves the home) or constructive abandonment (where one spouse refuses to engage in sexual relations).
• Adultery: One spouse commits voluntary sexual intercourse with someone other than their spouse. Proof of adultery is often required.
• Imprisonment: One spouse has been imprisoned for at least three consecutive years during the marriage. The divorce must be filed within five years of the spouse's release.
• Living Apart Pursuant to a Separation Judgment or Agreement: The spouses have lived separately for at least one year under a separation judgment or written separation agreement.

Key Points

• Irretrievable Breakdown as a Common Ground: Most divorces in New York are filed under irretrievable breakdown because it doesn’t require proving fault, simplifying the process.
• Impact of Fault on Divorce Proceedings: Citing fault-based grounds can affect the division of marital property, spousal support, and child custody arrangements.
• Residency Requirements: To file for divorce in New York, either spouse must meet one of the following residency requirements:
  • One spouse has been living in New York for at least two continuous years immediately before filing.
  • One spouse has been living in New York for at least one year immediately before filing, and either:
    • The spouses got married in New York.
    • The spouses lived in New York as a married couple.
    • The grounds for divorce occurred in New York.
  • Both spouses are New York residents at the time of filing, and the grounds for divorce occurred in New York.

Conclusion

Understanding the grounds for divorce in New York is essential for anyone considering ending their marriage in the state. Whether opting for a no-fault divorce based on irretrievable breakdown or citing specific fault-based grounds, it's important to consider how the grounds for divorce might affect the overall divorce process, including financial settlements and child custody decisions. Consulting with a legal professional can provide guidance tailored to an individual's specific situation.