Reasons for Divorce in New York State

Divorce, or the legal dissolution of a marriage, is a complex process that varies from state to state in the United States. In New York State, there are specific grounds upon which a divorce can be granted. Understanding these grounds is crucial for anyone considering or going through a divorce in New York.

1. No-Fault Divorce: Since 2010, New York has allowed for "no-fault" divorces. This means that a divorce can be granted without proving that either spouse is at fault for the marriage's breakdown. To obtain a no-fault divorce, the couple must state that the marriage has been irretrievably broken for at least six months, and all economic issues, such as division of property and spousal support, must be resolved.

2. Fault-Based Grounds: In addition to no-fault divorce, New York State also recognizes several fault-based grounds for divorce. These include:

   • Cruel and Inhuman Treatment: This includes physical or mental cruelty that makes it unsafe or improper for the spouses to continue living together.
   • Abandonment: If one spouse abandons the other for a continuous period of one year or more, it can be grounds for divorce.
   • Imprisonment: If a spouse has been imprisoned for three or more consecutive years after the marriage began, it can be grounds for divorce.
   • Adultery: If one spouse commits adultery, it can be a basis for divorce. However, this can be difficult to prove and may not be necessary if the couple opts for a no-fault divorce.

3. Legal Separation: In New York, a legal separation is a formal agreement between spouses to live apart. After living apart under a separation agreement for one year, either spouse can file for a no-fault divorce based on the separation.

4. Irretrievable Breakdown for Six Months: If the couple has lived apart under a separation agreement for at least six months, and all other issues have been resolved, either spouse can file for a no-fault divorce.

5. Other Considerations: When filing for divorce in New York, it's important to consider other factors such as child custody, child support, spousal support (alimony), and division of property. These issues can often be resolved through negotiation or mediation, but may require court intervention if the spouses cannot reach an agreement.

In conclusion, the grounds for divorce in New York State include both no-fault and fault-based options. Understanding these grounds and the divorce process can help couples navigate this difficult time with clarity and understanding.