What Qualifies as Grounds for Divorce in New York?

The state of New York allows residents to divorce their spouse through either a no-fault or fault-based divorce. If you are aiming to get a divorce in New York, it can be helpful to understand how no-fault divorce laws affect your situation and what possible grounds for divorce you may use.

No-fault divorce

In 2010, New York began allowing couples to seek a no-fault divorce from their spouse. Under New York law, a no-fault divorce means that the couple’s relationship has broken down and that there is no potential for the two spouses to reconcile. To enter into a no-fault divorce in New York, one spouse must state under oath that their marriage has been irreparably broken for a minimum of six months.

In a no-fault divorce, members of a couple are still responsible for working through the division of their property, custodial rights and all other issues before a divorce is granted.

Fault-based divorce

In a fault-based divorce, either member of the couple can seek to end their marriage for four main reasons. First, you may allege that your partner was physically or mentally abusive and created an unsafe or inadequate environment for the couple to continue being married. Second, you may claim that your partner abandoned you for a minimum of one year.

Third, your partner may be incarcerated for a minimum of three, consecutive years during the course of your marriage. Finally, you may allege that your partner was unfaithful to you and committed adultery. Before a divorce can be granted for any of these reasons, it must be proven that the alleged transgression took place.

In addition to these claims, a couple may also file for divorce if they have been legally separated. In this case, one member of the marriage must prove that the couple lived apart for a minimum of one year in accordance with a court-ordered or otherwise formally written agreement of separation.

For more information on filing for divorce from your spouse, speak with an experienced Long Island divorce lawyer at Bryan L. Salamone & Associates, P.C.

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