Grounds for divorce in New York

New York is a state that permits both no-fault and at-fault divorce, so a couple that is determined to end their marriage can do so relatively easily, provided they meet the state residency requirement and have a legally acceptable reason for filing.

Grounds for divorce

New York recognizes seven legally acceptable grounds for divorce. One is an irretrievable breakdown in the marriage that lasts for at least six months. Also known as no-fault divorce, it also requires you and your spouse to settle all issues pertaining to marital property division, child custody and support, and finances. Divorce may also be granted after one of the following:

• Legal separation agreement: You and your spouse must sign and file a legally valid separation agreement and live apart for a minimum of one year.
• Judgment of separation: The Supreme Court creates a judgment of separation and you and your spouse must live apart for one year.

At-fault divorces assign blame to one of the parties. Acceptable grounds are:

• Adultery: Your spouse must have committed adultery during the marriage. Filing for divorce on the grounds of adultery is more challenging than other actions because corroborating evidence is required.
• Cruel and inhuman treatment: Your spouse must have exposed you to acts of cruelty within the last five years, putting you in physical or mental danger and making it inadvisable that you keep living with him or her.
• Abandonment: Your spouse must have abandoned you for at least one year. The abandonment can be physical, where he or she leaves you and refuses to return, or constructive, which means that they refuse to have sex with you.
• Imprisonment: Your spouse must have been imprisoned subsequent to the marriage, and be in custody for at least three years in a row. You can file for divorce on the grounds of imprisonment while your spouse is behind bars or up for five years after his or her release.

Filing for divorce can be a challenging and complicated process, no matter what grounds are used. The legal paperwork and courtroom processes are intricate and easy to misunderstand. A New York family law attorney can help you complete and file all the necessary paperwork, answer your questions, and step in if problems arise, ensuring that you receive the fresh start you deserve. At Eskin & Eskin, P.C. our qualified attorneys handle New York divorce cases and a wide variety of family law matters. We offer free consultations at our Bronx office. With over 40 of combined experience, our lawyers are ready to help you through a potentially difficult time in your life. Call 718-402-5204 to set up an appointment or visit www.EskinAndEskinLaw.com today.