What are the grounds for divorce?

If you’re considering divorce in New York, it’s important to understand the different grounds for divorce. The state provides several legal reasons to end a marriage, which can influence the divorce process. Knowing these grounds can help you determine the best course of action.

No-fault divorce

In 2010, New York introduced a no-fault divorce law. This means you don’t need to prove that your spouse did something wrong. Instead, you can claim that the relationship has irretrievably broken down for at least six months. This is the most common ground for divorce because it simplifies the process and allows both parties to move forward without assigning blame.

Fault-based divorce grounds

New York also recognizes fault-based grounds for divorce, though these are less common. If you want to file for a fault divorce, you must prove one of the following:

• Adultery: If your spouse has been unfaithful during the marriage, you can use adultery as a reason for divorce.
• Cruel and inhuman treatment: If your spouse has treated you cruelly, either physically or emotionally, you can file for divorce on these grounds.
• Abandonment: If your spouse has abandoned you for at least one year, this can be grounds for divorce.

Additionally, if your spouse is sentenced to a prison term of three or more years, you may be able to file for divorce.

Divorce based on separation agreements

If you and your spouse have been living apart for at least one year based on a formal separation agreement, this can also be a ground for divorce. The separation must be legally documented and both parties must agree to it.

Understanding the grounds for divorce helps clarify what to expect from the process. Whether you choose a no-fault divorce or a fault-based option, knowing your choices allows you to make informed decisions that suit your situation.