Grounds for Divorce New York

There are seven (7) grounds for divorce in New York State. One must be proven to dissolve a marriage.

  • No Fault - Marrage is Irretrievably Broken (DRL §170(7)).
  • Cruel and Inhuman Treatment – Physical and/or verbal abuse that occurred in the last 5 years such that it rendered it unsafe and improper for a spouse to continue to cohabit with the other spouse (DRL §170(1)).
  • Abandonment – One spouse abandons the other for a period of one or more years by moving away from the home, refusing entry to the home, or refusing sexual relations (DRL §170(2)).
  • Three Years Imprisonment - Spouse has been in jail for three consecutive years (DRL §170(3)).
  • Adultery – Third Party Proof Required (DRL §170(4)).
  • Conversion - Have already lived separate and apart for one year pursuant to separation agreement that was duly recorded with the County Clerk (DRL §170(6)) or by a judgment of separation (DRL §170(5)).

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No Fault Divorce is the most commonly used ground for divorce in New York State today. No fault divorce is when the relationship between the parties has broken down irretrievably for a period of at least six months. At least one party must state under oath that the marriage is irretrievably broken in order to prove no fault grounds.

Divorces cannot be granted by the Court using no fault grounds until all of the issues of the marriage have been resolved by an agreement that is incorporated into the judgment of divorce, or until the court makes a decision on the issues.

Grounds For Divorce New York

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