To secure a What are The Grounds for Divorce in New York one  must provide legal grounds—reasons accepted by the court for ending a marriage. Both fault-based and no-fault allowing grounds are available in New York, spouses to choose the one that best suits their situation. You can successfully navigate the legal process if you are aware of these possibilities.


Divorce Without Fault: The Most Popular Option

No-fault divorce has become one of the most popular reasons since New York legalized it in 2010. A spouse may seek for divorce under Domestic Relations Law  if there has been a "irretrievable breakdown of the marriage" for a minimum of six months. This indicates that there is no chance of reconciliation because the relationship has irreparably damaged. The process is made simpler by the fact that neither party's specific misconduct needs to be demonstrated.

However, some matters, such property division, child custody, and spousal maintenance, need to be settled before a no-fault divorce is allowed.


Grounds for Divorce Based on Fault

New York acknowledges a number of fault-based grounds for couples who would rather or must assign blame, such as:

  1. Adultery

One spouse having a sexual contact outside of the marriage is considered adultery. Since third-party testimony or direct proof are usually needed to show this foundation, it might be difficult. When the aggrieved spouse wants a better settlement, adultery is frequently brought up.

  • Inhumane and Cruel Treatment
This defense is used when one partner abuses the other physically or psychologically, making it hazardous or inappropriate to keep the marriage going. Physical aggression, frequent verbal threats, or extreme mental suffering are a few examples.

  • Abandonment

When one spouse refuses to have marital contact or leaves the marital residence for a minimum of a year without explanation, it is considered abandonment ("constructive abandonment"). This grounds shows a deliberate disengagement from the marriage.

  • incarceration

The other spouse may seek divorce on the grounds of imprisonment if one spouse has been behind bars for three or more years in a row following the marriage.

  • Agreement for Legal Separation
Divorce can be filed on this basis by couples who have lived apart for a minimum of a year under a separation agreement or judgment that has been sanctioned by the court.
  • Inability to Provide Support

This is an uncommon ground that arises when one spouse doesn't carry out the financial or contractual commitments outlined in a separation agreement.

Selecting the Proper Ground

Your unique situation will determine which basis is best for your divorce. While fault-based grounds may be pertinent for personal or financial reasons, no-fault divorce is frequently quicker and less acrimonious. You can safeguard your interests and make an informed choice by speaking with an experienced lawyer.

You may better navigate the process and work toward a resolution that suits your circumstances if you are aware of the legal reasons for divorce in New York.