What are the grounds for divorce in New York?
Divorce is a complicated process for any couple, and it can be even more complex when you’re trying to navigate the legal system in New York. The good news is that New York is a “no-fault” state, which means you don’t have to prove that your spouse did anything wrong to get a divorce. But there are still a few different grounds for divorce that you’ll need to know about.
Grounds for Divorce in New York
- Irretrievable breakdown of the marriage This is the most common ground for divorce in New York. It’s a no-fault ground, meaning you don’t have to prove that your spouse did anything wrong. All you need to verify is that the marriage has broken down irretrievably for at least six months. This means that the couple has been living separately for at least six months, and there is no chance of reconciliation.
- Cruel and Inhuman Treatment This ground for divorce is based on the claim that the other spouse has treated the petitioner with cruelty or inhumanity. This means that the spouse has behaved so that it is unsafe or improper for the other spouse to continue living with them. Examples of cruel treatment include physical abuse, sexual abuse, and extreme verbal abuse.
- Abandonment, This ground for divorce is based on the claim that the other spouse has abandoned the petitioner for at least one year. This means that the other spouse left the petitioner without the intention of returning or justifiable cause.
- Adultery, This ground for divorce, is based on the claim that the other spouse has committed adultery. This means the other spouse has had sexual intercourse with someone other than the petitioner.
- Imprisonment This ground for divorce is based on the claim that the other spouse has been in prison for at least three consecutive years.
- Separation Agreement: This ground for divorce is based on the couple’s legal separation agreement. This agreement must be signed by both parties and approved by the court.
- Judgment of Separation, This ground for divorce is based on a judgment of separation that the couple has obtained. This judgment must be received by both parties and approved by the court.
It’s important to note that to file for divorce in New York, one of the spouses must have lived in the state for at least one year before filing the divorce papers.
When it comes to divorce, the process can be complicated and emotional. It’s essential to understand the grounds for divorce in New York and to seek the help of a qualified attorney who can guide you through the process. A reasonable attorney will be able to help you understand your rights, work out a fair settlement, and represent your interests in court.