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.
There are seven grounds, legally acceptable reasons, for a divorce in New York State:
Irretrievable breakdown in relationship for a period of at least 6 months This ground is usually called a no-fault divorce. To use this ground, the marriage must be over for at least 6 months, and all economic issues, including debt, how the marital property will be divided, and custody and support of the children have been settled. Issues are settled when an agreement has been reached or they have been resolved.
Cruel and inhuman treatment To use this ground, specific acts of cruelty must have happened in the last five years. It is not enough that you and your spouse had arguments or did not get along. The acts of cruelty must rise to the level that the Plaintiff is physically or mentally in danger and it is unsafe or improper for the Plaintiff to continue living with the Defendant.
Abandonment To use this ground, the spouse must have abandoned the Plaintiff for at least one year or more. Two examples of abandonment: where the spouse physically leaves the home without any intention of returning or where the spouse refuses to have sex with the Plaintiff, this is called "constructive" abandonment.
Imprisonment To use this ground, the spouse must have been in prison for 3 or more years in a row. The spouse must have been put into prison after the marriage began. The Plaintiff can use this ground while the spouse is in prison or up to 5 years after the spouse was released from prison.
Adultery To use this ground, the Plaintiff must show that the spouse committed adultery during the marriage. This ground can be hard to prove because evidence from someone besides the Plaintiff and spouse is needed.
Divorce after a legal separation agreement To use this ground, the Plaintiff and Defendant sign and file a valid separation agreement and live apart for one year. The separation agreement must meet specific legal requirements to be valid.
Divorce after a judgment of separation This ground is not used very often and is sometimes called a conversion. To use this ground, the Supreme Court draws up a judgment of separation and the married couple live apart for one year.
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.