Divorce is never an easy subject to broach, but understanding the legal aspects can help navigate the process more smoothly. In the state of New York, there are specific grounds on which a couple can seek divorce. Knowing these grounds is crucial for anyone considering or going through a divorce in the Empire State.

1. No-Fault Divorce:

New York became the last state to adopt a no-fault divorce law in 2010. This means that couples can seek divorce without assigning blame or proving misconduct. If the marriage has been irretrievably broken for at least six months and both parties agree, they can file for a no-fault divorce. This option has simplified divorce proceedings and reduced the emotional toll on couples.

2. Cruel and Inhuman Treatment:

One of the fault-based grounds for divorce in New York is cruel and inhuman treatment. This includes physical or mental cruelty that endangers the safety or well-being of the spouse seeking the divorce. Documenting instances of cruelty is essential for establishing this ground in court.

3. Abandonment:

Abandonment is another fault-based ground for divorce in New York. If one spouse has abandoned the other for at least a year, the abandoned spouse may file for divorce. Abandonment can be actual (physical departure) or constructive (refusal to engage in marital relations).

4. Adultery:

Adultery, or the act of one spouse engaging in extramarital affairs, is a recognized ground for divorce in New York. However, proving adultery can be challenging and often involves providing evidence such as photographs, emails, or witness testimonies.

5. Imprisonment:

If a spouse has been sentenced to imprisonment for at least three consecutive years after the marriage, the other spouse may file for divorce. It's important to note that the imprisonment must have occurred after the marriage, and the couple cannot have cohabitated during the incarceration.

6. Divorce After Legal Separation:

Legal separation is an alternative to divorce in which spouses live separately, often with a legally binding agreement addressing issues like child custody, support, and property division. After living apart for at least one year under a legal separation, either party may seek a divorce.

Understanding these grounds is crucial for individuals contemplating divorce in New York. Whether opting for a no-fault divorce or pursuing a fault-based ground, consulting with a family law attorney is highly recommended to ensure a smooth and legally sound process.

In Conclusion:

Navigating What are The Grounds for Divorce in New York State requires careful consideration of both no-fault and fault-based options. The introduction of no-fault divorce in 2010 marked a significant shift in divorce proceedings, allowing couples to end their marriage amicably. However, fault-based grounds still exist for those who find it necessary to assign blame for the dissolution of their marriage. Whatever the grounds, seeking professional legal advice is crucial to ensuring a fair and equitable divorce settlement.