Divorce is never a pleasant experience. In New York, a person can file for divorce on several grounds. As of a 2010 law, New York is a “no-fault” divorce state, which means the state can grant the divorce because the relationship between the parties has broken down permanently for at least six months. This allows for a divorce without the need to prove fault on the part of either spouse.
In addition to the no-fault option, New York still recognizes several “fault” grounds for divorce, which include:
- Cruel and inhuman treatment: This refers to physical or mental cruelty that threatens the safety or condition of one spouse to the extent that it is unsafe or unlawful for the couple to continue living together.
- Abandonment: This can be either actual abandonment (one spouse leaves home without any intention of returning) or constructive abandonment (one spouse avoids any sexual relations with the other spouse for at least one year).
- Imprisonment: If one spouse has been imprisoned for three or more consecutive years after the marriage began, this can be grounds for divorce.
- Adultery: Proving adultery can be complex and requires substantial proof that one spouse had sexual relations with another person during the marriage.
- Living separate and away from each other under a separation agreement: Spouses who have lived apart for at least one year after agreeing to a formal separation agreement may obtain a divorce based on this ground.
Another ground for divorce is living separately for at least one year following a judicial separation decree or approved separation judgment.
Potential challenges in a divorce
Individuals can face a variety of challenges that may complicate the process. These challenges include emotional stress, financial issues, child custody and parenting time, property division, and future planning.
If you are considering a divorce, you may want to speak with a legal professional to help you understand laws and requirements specifically applicable to your situation.