1145 Walt Whitman Road, Melville, New York 11747-3005
Our Attorneys Simple. Complex. We do it all.
CALL FOR YOUR FREE CONSULTATION 1.631.479.3839 1.516.939.4458 1.631.479.3839 1.516.939.4458

What are the Acceptable Grounds for Divorce in New York?

What are the Acceptable Grounds for Divorce in New York?

Until 2010, New York couples could not legally seek a “no-fault” divorce. Before that time, couples would have to demonstrate that they had officially separated, or that certain behavior of one spouse qualified as grounds for divorce.

Today, couples may seek no-fault divorces if one spouse states under oath that there has been an irretrievable breakdown of the marriage for a minimum of six months. In other cases, couples are still able to seek a fault-based divorce. Grounds for fault-based divorces in New York include the following:

  • Abandonment for one year or more
  • Cruel and inhumane treatment (such as physical or mental abuse) that makes living together unsafe
  • Adultery
  • Incarceration for at least three consecutive years after the marriage started

Anyone who seeks a divorce based on these grounds must be able to prove to a court that those grounds exist. To that end, baseless accusations of adultery will not stand up as being grounds for a divorce. A private investigator may need to be retained to get evidence of adultery or other wrongdoing in a marriage.

Fault-based divorces tend to be more drawn-out and emotional than no-fault divorces, which means they may also be much more expensive. If you have the option to file for a no-fault or fault divorce, it is important to consider the repercussions that filing a divorce on grounds of fault could have on your case.

To learn more about whether you should seek a divorce on grounds of fault in New York, contact a skilled Long Island family law attorney at Bryan L. Salamone & Associates.

Post a Comment

Your email is never published nor shared. Required fields are marked *



Contact us today and see how our
reputation can serve your needs