Reasons for Divorce in New York State: 

Divorce can be a difficult and emotionally charged decision, and understanding the legal grounds for divorce in New York State can help you navigate this challenging process. New York recognizes both no-fault and fault-based grounds for divorce. Here’s an overview of the reasons for divorce in New York:

1. No-Fault Divorce:

• Irretrievable Breakdown: The most common ground for divorce in New York is the no-fault ground of "irretrievable breakdown" of the marriage. To use this ground, one spouse must swear under oath that the marriage has been broken irretrievably for at least six months. This eliminates the need to prove wrongdoing by either party, making the process simpler and less contentious.

2. Fault-Based Divorce:

• New York also allows for fault-based divorces, where one spouse must prove that the other spouse's misconduct caused the breakdown of the marriage. The fault-based grounds for divorce in New York include:

  a. Adultery:

  • Adultery is defined as one spouse engaging in a sexual relationship with someone other than their spouse. To file for divorce on this ground, the accusing spouse must provide clear and convincing evidence of the adulterous act. This can be challenging, as direct evidence is often required.

  b. Cruel and Inhuman Treatment:

  • This ground applies when one spouse's behavior endangers the physical or mental well-being of the other spouse, making it unsafe or improper to continue living together. Examples include physical abuse, emotional abuse, or severe mental cruelty. The accusing spouse must provide evidence of specific instances of such behavior.

  c. Abandonment:

  • Abandonment occurs when one spouse leaves the marital home for at least one year without the intention of returning, or when one spouse unjustifiably forces the other spouse out of the home and refuses to allow their return. There are two types of abandonment: physical abandonment (one spouse leaves) and constructive abandonment (one spouse refuses to engage in sexual relations for at least one year).

  d. Imprisonment:

  • This ground applies if one spouse is sentenced to imprisonment for three or more consecutive years after the marriage. The divorce can be filed while the spouse is still in prison or within five years of their release.

  e. Living Apart Pursuant to a Separation Judgment or Agreement:

  • If the spouses have been living apart for at least one year pursuant to a judgment of separation or a written separation agreement, either spouse can file for divorce. The agreement or judgment must be followed precisely, and evidence of compliance must be provided.

3. Legal Considerations:

• While proving fault can provide a sense of justice or closure for the wronged spouse, it often complicates and prolongs the divorce process. Fault-based divorces may involve more court hearings, legal fees, and emotional stress.
• It’s also important to note that proving fault does not typically impact the division of property, spousal support, or child custody decisions in New York. The state follows the principle of equitable distribution, and these decisions are made based on various factors, including the needs of each spouse and the best interests of the children.

4. Seeking Legal Guidance:

• Given the complexities of divorce law, it’s advisable to consult with an experienced family law attorney. An attorney can help you understand your rights, gather the necessary evidence, and navigate the legal process efficiently.
• An attorney can also provide guidance on whether pursuing a fault-based divorce is in your best interest, considering the potential emotional and financial costs involved.

In conclusion, New York State recognizes both no-fault and fault-based grounds for divorce. While no-fault divorce is typically simpler and less contentious, fault-based grounds are available for those who wish to prove specific misconduct. Understanding these grounds and seeking legal assistance can help you make informed decisions and navigate the divorce process more effectively.