Untying the Knot: Grounds for Divorce in New York State
For many couples, the decision to end a marriage is one of the most difficult and emotionally charged experiences they will ever face. In New York State, the legal process of divorce is governed by a set of specific grounds, or reasons, that must be met before a marriage can be officially dissolved. Whether it's due to irreconcilable differences, cruelty, abandonment, or other circumstances, understanding these grounds is crucial for those navigating the complex world of divorce law.
New York recognizes seven legally acceptable grounds for obtaining a divorce:
- Irretrievable Breakdown of the Relationship for at Least 6 Months: This is commonly referred to as a "no-fault" divorce. To use this ground, the marriage must have been irretrievably broken down for at least 6 months, and all economic issues, such as debt, property division, and child custody/support, must have been resolved or agreed upon. This ground allows couples to divorce without assigning blame, making it a more amicable option for those seeking to end their marriage.
- Cruel and Inhuman Treatment: Specific acts of cruelty that endanger the physical or mental well-being of the spouse must have occurred within the last five years, making it unsafe or improper for the couple to continue living together. This ground covers a range of abusive behaviors, from physical violence to emotional manipulation, and is often used in cases where one spouse's actions have made the marriage untenable.
- Abandonment: One spouse must have abandoned the other for at least one year, either by physically leaving the home without intent to return or by refusing to engage in sexual relations (constructive abandonment). This ground recognizes the emotional and practical difficulties faced by the abandoned spouse and provides a legal avenue for ending the marriage.
- Imprisonment: One spouse must have been imprisoned for three or more consecutive years after the marriage began. This ground can be used while the spouse is in prison or up to five years after their release.
- Adultery: One spouse must have committed adultery during the marriage, which can be difficult to prove without evidence from a third party.
- Divorce After a Legal Separation Agreement: The couple must have signed and filed a valid separation agreement and lived apart for at least one year.
- Divorce After a Judgment of Separation: This ground, also known as a "conversion divorce," involves a court-issued judgment of separation followed by living apart for at least one year. The divorce judgment will include orders regarding the division of marital property, child custody and support (if applicable), and potentially spousal maintenance (alimony).
It's important to understand that New York also has residency requirements that must be met before filing for divorce in the state.
For more information, go to: NY Courts.gov.
Don't Go It Alone
Whether you're seeking a no-fault divorce or citing specific grounds, navigating the legal intricacies of ending a marriage can be a daunting task. It's essential to seek the guidance of a qualified divorce attorney who can help you understand your rights and ensure that the process is handled with care and sensitivity.
Shari R. Gordon is a family law attorney who has been empowering clients for more than thirty-five years. Contact her office today to arrange for your complimentary initial consultation. Call 914-962-2722 or email shari@srgesq.com.
