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Grounds for divorce in New York

When New York couples divorce, they do so for many personal reasons. Those reasons can include affairs (also called infidelity or adultery) or long periods of separation within the marriage due to extended business trips by one marital partner. Other reasons may include an incompatibility about how to rear their children, manage their budget or keep their home. In addition to those personal reasons, couples pursuing a divorce typically reference specific grounds for the divorce in their paperwork.

Grounds for divorce are legally accepted reasons for splitting. One such reason for divorce is an irretrievable breakdown of the marital relationship. This is the basis for a no-fault divorce. To claim it, the couple should be able to demonstrate that the marriage has been, in practice, over for six months or more. They should also have clear understandings in place about the apportionment of any debt incurred by either party before or during the marriage, how property accrued during the marriage will be divided and how the custody and the support of the couple’s children will be handled.

If the couple has lived apart for a full year they may be eligible for to claim divorce after a legal separation or divorce after a judgment of separation as their grounds for divorce. Both of those grounds have very specific requirements in addition to the couple having been separated for a year. One marital partner being away from the other for a year may also constitute abandonment, another ground for divorce.

Of course, adultery is a ground for divorce in New York, as is cruel and inhumane treatment, which can be physical or mental. One marital partner being in prison can also be a ground for divorce.