Grounds for Divorce in New York: What You Need to Know

Divorce is challenging, so understanding the legal grounds for ending a marriage in New York is an essential first step. New York offers both fault-based and no-fault grounds for divorce, allowing individuals to choose the option that best fits their circumstances. Knowing the legal framework can help you navigate the process more confidently, whether you’re initiating or responding to a divorce.

No-Fault Divorce: A Preferred Option

New York introduced no-fault divorce in 2010, making it easier for couples to end their marriage without proving wrongdoing. Previously, New York recognized divorces only upon fault-based criteria or separation.

In a no-fault divorce, the spouse filing must state that the marriage has been “irretrievably broken” for at least six months. This option often simplifies proceedings by reducing conflict and focusing on resolving financial and custody matters.

No-fault divorce is a practical choice for couples who agree their marriage has come to an end and prefer to avoid airing personal grievances in court.

Fault-Based Grounds for Divorce

While no-fault divorce is popular, New York still allows fault-based divorces. These require one spouse to prove that the other’s behavior caused the marriage to fail. The state recognizes the following fault-based grounds:

Cruel and Inhumane Treatment

This ground applies when one spouse’s behavior endangers the other’s physical or mental health, making it unsafe or improper to continue the marriage. Examples include:

  • Physical abuse
  • Emotional abuse
  • Substance abuse

The spouse filing must provide evidence of the mistreatment, including medical records, police reports, or witness testimony.

Abandonment

Abandonment occurs when one spouse leaves the marital home for at least one year without justification or the other spouse’s consent. It can also include situations where one spouse refuses to engage in marital relations.

Adultery

Adultery is defined as a spouse engaging in sexual relations with someone outside the marriage. Proving adultery can be challenging, as it often requires third-party evidence, such as testimony from a private investigator.

Imprisonment

If a spouse is sentenced to at least three consecutive years in prison after the marriage, the other spouse can file for divorce on this ground. This ground does not apply if the spouse seeking the divorce knew about the potential for imprisonment before marriage.

Living Apart After a Legal Separation

If a couple has lived apart for at least one year following a formal separation agreement or court-ordered separation, they may file for divorce on this ground. The agreement must be properly executed and filed with the court.

Why Choose Fault-Based Grounds?

Fault-based divorces are less common than no-fault divorces but may be appropriate in specific situations. For example:

  • Impact on Settlements: Depending on the circumstances, demonstrating fault could potentially influence decisions on alimony or property division.
  • Personal Closure: Some individuals find emotional closure by formally acknowledging the reasons their marriage ended.

However, fault-based divorces often require more time, legal resources, and evidence, which can increase the emotional and financial toll of the process.

Residency Requirements

Before filing for divorce in New York, you must meet the state’s residency requirements. At least one of the following must apply:

  • You or your spouse has lived in New York for at least two years before filing.
  • You or your spouse has lived in New York for at least one year and:
    • The marriage took place in New York.
    • You lived in New York as a married couple.
    • The grounds for divorce occurred in New York.

Meeting these requirements ensures the court has jurisdiction over your case.

How to Choose the Right Grounds for Your Divorce

The decision to file on no-fault or fault-based grounds depends on your unique circumstances. No-fault divorce is often faster and less contentious, while fault-based grounds may be necessary to address specific issues. Consulting with a family law attorney can help you weigh your options and develop a strategy tailored to your goals.

Trust Kohan Law Group to provide clear guidance and compassionate support. Whether you’re pursuing a no-fault or fault-based divorce, our experienced attorneys will work to protect your rights and secure the best possible outcome for your future. Contact us today to schedule a consultation and take the first step toward a new chapter in your life.