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Divorce laws in New York are designed to accommodate both no-fault and fault-based grounds, providing various pathways for couples seeking to dissolve their marriage. Understanding these legal grounds is essential for anyone considering divorce in New York, as the grounds chosen can significantly impact the process and outcome of the proceedings.

No-Fault Divorce

Since 2010, New York has recognized new york divorce requirements  which allows a couple to dissolve their marriage without assigning blame to either party. The primary ground for a no-fault divorce is an "irretrievable breakdown" of the marriage for at least six months. This means that one or both spouses believe that the marriage is beyond repair and that there is no reasonable prospect of reconciliation.

To file for a no-fault divorce in New York, the couple must meet the residency requirements, and all other issues such as property division, spousal support, child custody, and child support must be resolved before the divorce is granted. No-fault divorce has become the most common ground for divorce in New York due to its simplicity and the reduced need for proving specific wrongdoing by either party.

Fault-Based Grounds for Divorce

In addition to no-fault divorce, New York law recognizes several fault-based grounds for divorce. These grounds require one spouse to prove that the other is responsible for the breakdown of the marriage due to specific misconduct. The fault-based grounds in New York include:

Cruel and Inhuman Treatment: This ground is based on the claim that one spouse's behavior has made it unsafe or improper for the other spouse to continue living with them. Examples of cruel and inhuman treatment include physical or emotional abuse, threats, and other forms of mistreatment. The misconduct must be severe enough to render the marriage unsustainable.

Abandonment:

Abandonment occurs when one spouse leaves the other without justification or consent and without intent to return. To qualify as a ground for divorce, the abandonment must have lasted for at least one year. This can include physical abandonment, where one spouse physically leaves the marital home, or constructive abandonment, where one spouse refuses to engage in sexual relations without cause.

To use adultery as a ground for divorce, the accusing spouse must provide clear and convincing evidence of the affair. This ground can be challenging to prove and is often used in cases where the infidelity has had a significant impact on the marriage.

Imprisonment: If a spouse has been imprisoned for three or more consecutive years after the marriage, the other spouse has grounds for divorce. The divorce can be filed while the spouse is still incarcerated or after their release, provided the imprisonment meets the three-year requirement.

Living Separate and Apart: 

This ground applies when the couple has lived apart for at least one year under a legal separation agreement or judgment of separation. The agreement must be properly executed and filed, and both spouses must adhere to its terms.

The legal grounds for divorce in New York offer flexibility to couples, whether they seek a no-fault or fault-based divorce. While no-fault divorce is generally simpler and less contentious, fault-based grounds may be appropriate in situations involving misconduct. Understanding these options is crucial for anyone navigating the complexities of divorce in New York.