What Are the Grounds for Filing for Divorce in New York?

When filing your Complaint for Divorce, you must include the grounds upon which you are seeking that divorce. These grounds may or may not indicate fault on the part of your spouse.

The grounds for divorce in New York are as follows:

• Cruel and inhumane treatment: One spouse may allege that the conduct of the other was such that his or her mental or physical wellbeing was compromised. Thus, it was no longer safe to continue the relationship.
• Abandonment: One spouse alleges he or she was abandoned by the other for at least one year.
• Imprisonment: A spouse has been confined to prison for at least three consecutive years after the marriage started.
• Adultery: One spouse alleges the other committed an act of adultery. Adultery is defined in New York as being “an act of sexual intercourse, oral sexual conduct or anal sexual conduct, voluntarily performed by the defendant, with a person other than the plaintiff after the marriage of plaintiff and defendant.”
• Separation: The spouses have lived separately for at least one year after being granted a legal separation.
• No fault: Since 2010, the state of New York has allowed individuals to file for divorce with no-fault grounds. One can simply state that there has been an irretrievable breakdown in the relationship for a period of at least six months.

If you have any additional questions about the grounds for divorce in New York or the paperwork you must complete to begin the divorce action, contact a trusted Long Island family law attorney at Bryan L. Salamone & Associates.