Divorce can be a challenging and emotional time. The law recognizes several grounds for divorce, which are the legal reasons a spouse can use to request a divorce. Understanding these grounds is important if you’re considering ending your marriage in the state.
No-fault divorce
New York offers a no-fault divorce option, the most commonly used ground. In a no-fault divorce, you don’t need to prove that either spouse did something wrong. Instead, you must state that the marriage has been irretrievably broken for at least six months. This means the relationship has broken down beyond repair, and there is no reasonable hope of reconciliation.
Fault-based divorce
While no-fault divorces are more straightforward, the state also allows for fault-based divorces. These require one spouse to prove the other is liable for the marriage breakdown. The recognized fault-based grounds in New York include:
- Adultery – One spouse has been unfaithful during the marriage.
- Cruel treatment – Physical or mental abuse that endangers the well-being of the other spouse, making it unsafe to continue the marriage.
- Abandonment – One spouse has abandoned the other for at least one year, either by leaving without intention to return or by refusing to have physical relations.
- Imprisonment – One spouse has been incarcerated for three or more years after the marriage.
- Separation agreement – The spouses have lived separately for at least one year under a legally binding separation agreement.
Moving forward
Understanding the grounds for divorce can help you navigate the process more effectively. Knowing your options is key to making informed decisions and moving forward.