Grounds For Divorce In NY | New York Divorce Service

***This is the Easiest and Simplest reason to obtain a divorce compared to the others below!***

Irretrievable Breakdown in Relationship for at Least Six Months (commonly known as "NO-FAULT DIVORCE") is one of the legally acceptable reason(s) or ground(s) a party can use in order to obtain a divorce in the State of New York.

In a No-Fault divorce, neither Husband nor Wife has to prove or admit any situations of "wrongdoing" to end the marriage.

An action for a No-Fault divorce may be maintained where the relationship between Plaintiff and Defendant has broken down irretrievably for a period of at least six months.

This is accomplished by either the Plaintiff or Defendant (via "sworn affidavit") stating that the relationship has broken down for at least (6) months - that's it!

Per DRL §170 subdivision (7), if this ground is alleged, "then all economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fees and expenses as well as the custody and visitation with the minor children of the marriage have been resolved by the parties or determined by the court and incorporated into the judgment of divorce."

NOTE: The information referenced above is directly from the New York State Unified Court System booklet (and described in the New York Domestic Relations Law §170).

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An action for divorce may be maintained where the Defendant abandons the Plaintiff for a period of one year or longer prior to commencing the action and continuing to the present. The following (3) choices for abandonment are listed below.

I. Abandonment may take the form of your spouse "PHYSICALLY DEPARTING" your marital home without any intention of returning for a period of one year or longer prior to commencing the action, and continuing to the present, without any good reason for doing so and without your consent

OR

II. Another form of abandonment is called "CONSTRUCTIVE ABANDONMENT", which involves one spouse's refusal to engage in sexual relations with the other spouse continuously for one year or longer prior to commencing the action, and continuing to the present, without consent, good cause or justification

OR

III. Another form of abandonment is called a "LOCK OUT", which involves one spouse's refusal to allow the other spouse into the home continuously for more than one year prior to commencing the action and continuing to the present.

NOTE: The information referenced above is directly from the New York State Unified Court System booklet (and described in the New York Domestic Relations Law §170).

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***DUE TO THE "COMPLEXITY" OF OBTAINING A DIVORCE ON THE GROUND OF ADULTERY (AS EXPLAINED BELOW), APS WOULD NOT BE ABLE TO TAKE YOUR CASE.***

An action for divorce may be maintained based on adultery, which is an act of sexual or deviate sexual intercourse voluntarily performed by the Defendant with a person other than his or her spouse during the course of the marriage.

The ground of adultery can be difficult and expensive to prove because the testimony of the Plaintiff is not enough and other evidentiary requirements must be satisfied (the Defendant's admission is not enough).

You should keep in mind that acts of adultery may qualify as acts of cruelty and entitle you to maintain a divorce on the grounds of cruel and inhuman treatment.

NOTE: The information referenced above is directly from the New York State Unified Court System booklet (and described in the New York Domestic Relations Law §170).

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***DUE TO THE "COMPLEXITY" OF OBTAINING A DIVORCE ON THE GROUND OF CRUEL AND INHUMAN TREATMENT (AS EXPLAINED BELOW), APS WOULD NOT BE ABLE TO TAKE YOUR CASE.

The treatment of the Plaintiff by the Defendant must rise to the level that the physical or mental well being of the Plaintiff is endangered and making it unsafe or improper for the Plaintiff to continue living with the Defendant.

You cannot obtain a divorce simply because you do not get along with your spouse ("irreconcilable differences") or because you have arguments or because of an isolated act in an otherwise long and peaceful marriage.

All acts must have happened within five (5) years of the date the summons is filed with the County Clerk. In describing the specific acts of cruelty, you must be clear and to the point. You must supply the Court with details like dates and places. If you do not remember the exact date, use the words "on or about".

NOTE: The information referenced above is directly from the New York State Unified Court System booklet (and described in the New York Domestic Relations Law §170).

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An action for divorce may be maintained where the Defendant is imprisoned for a period of at least three (3) consecutive years. The imprisonment must have commenced after the date of the marriage and the Defendant must still be in prison when this divorce is commenced.

There is a "five (5) year time limit to start the action", beginning from the time of the completion of the third year of imprisonment.

NOTE: The information referenced above is directly from the New York State Unified Court System booklet (and described in the New York Domestic Relations Law §170).

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A separation agreement is an agreement between the spouses that sets forth the terms and conditions by which the parties will live apart.

The agreement must be Signed By The Parties Before A Notary and filed with the County Clerk in the county where one of the parties resides. The agreement has to be signed by the parties at least (1) year prior to starting the divorce proceedings.

If you and your spouse "have lived apart for more than one year" according to the terms and conditions of a "properly executed" separation agreement, you may maintain an action for divorce.

NOTE: The information referenced above is directly from the New York State Unified Court System booklet (and described in the New York Domestic Relations Law §170).

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