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Grounds for Divorce in New York

by Your Friendly Divorce

New York has both divorces after separation, and divorces based on fault grounds. New York does not grant a divorce based on “irreconcilable differences.”

Divorce Based on Separation

In order to file for divorce on the grounds of separation in New York, you must have either a judicial separation filed with the Supreme Court or a legal separation ordered by the Court.

For a divorce on the grounds of separation, you must in addition, live separate and apart for at least one year after the agreement or the court order of separation. (Our firm can prepare the separation agreement required for this divorce).

Fault-based Grounds of Divorce

New York recognizes fault-based divorce on the following grounds:

Abandonment - To file for divorce based on abandonment, your spouse must have abandoned you for a period of one or more years. To meet this ground for divorce, you must demonstrate an actual physical move from the marital residence or show that your spouse locked you out of the marital residence.
Also encompassed within this ground for divorce is constructive abandonment, which is the willful failure of one spouse to have sexual relations with the other spouse for at least one year.
Cruel and Inhuman Treatment - This ground of divorce encompasses verbal, emotional or physical abuse that threaten mental or physical well being making it “unsafe or improper” for you to continue in relationship with the other party. In order to be divorced on this ground, you must show that there were specific instances of cruelty that occurred within the last five years.
Adultery - Adultery is less commonly used as a ground for divorce in New York, because in order to be divorced on this ground, you must show that your spouse committed adultery, using evidence from a third-party in order to prove the actual adultery.
Three Years of Imprisonment - If one spouse has been in jail for three or more consecutive years, a divorce can be pursued on this ground. A divorce for imprisonment can still be pursued after your spouse is released from jail or while your spouse is in jail.

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