Grounds for Divorce in New York: What You Need to Know

Divorce is a challenging process that requires understanding and patience, especially when it comes to New York’s divorce laws. For people who have decided to end their marriage, knowing the grounds for divorce is important. Grounds are the reasons a person gives for wanting a divorce, and New York law requires one or more specific reasons for divorce to be given in the divorce papers. This helps the court understand why the marriage is ending and what, if anything, went wrong. Here is a look at the different grounds for divorce in New York and what each of them means. At, Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we are here to guide you through the legal process and help you navigate the complexities of your case.

Richard H. Cole
Partner

Thomas F. Hewner
Partner

Donna L. Haslinger
Partner

Vivian P. Roche'
Partner

Keith R. Rosso
Attorney

Tasha D. Frazie
Attorney

No-Fault Divorce in New York

No-fault divorce is often the easiest and least painful way to end a marriage in New York. With no-fault divorce, neither spouse has to prove that the other did anything wrong. Instead, one person simply says that the marriage has been broken beyond repair for at least six months. This type of divorce is often best for couples who agree to end their marriage without blaming one another. The goal of a no-fault divorce is to make the process simpler, faster, and less emotionally stressful. It also allows couples to avoid bringing private details of their relationship into a public courtroom. In many cases, a no-fault divorce can help couples separate peacefully and focus on moving forward with their lives. However, even with a no-fault divorce, couples will still need to settle important issues like property, custody of children, and support payments.

Fault-Based Grounds for Divorce

In New York, there are several fault-based grounds for divorce. This means one person believes the other did something wrong that caused the marriage to end. These grounds can make the divorce process longer and more difficult because proof is needed to support the claims. Fault-based divorces may also affect other parts of the divorce, like child custody and property division.

Abandonment as a Ground for Divorce

One reason that New York allows for a fault-based divorce is abandonment. Abandonment happens when one spouse leaves the other without any intent of returning. For abandonment to be used as a ground for divorce, the other person must have left for at least one year. This can mean physically leaving the home or refusing to have any kind of relationship or communication with the other spouse. In some cases, a person may be forced out of the home, or the other person might refuse to be intimate, which is also considered a type of abandonment. For couples facing abandonment, a divorce can provide a legal way to move on from a spouse who is unwilling to fulfill the responsibilities of the marriage.

Cruel and Inhuman Treatment

Cruel and inhuman treatment is another ground for divorce in New York. This ground is used when one spouse has treated the other in a way that makes it unsafe or unhealthy for them to stay in the marriage. Cruel treatment can mean physical abuse, threats, or constant emotional abuse that makes the other person feel scared or worthless. For cruel and inhuman treatment to be used as a ground for divorce, the behavior must be severe enough that staying in the marriage could cause harm to the person’s mental or physical health. This ground for divorce often requires evidence, such as witness statements, hospital records, or photos of injuries. The court will examine these proofs to decide if the behavior meets the legal standards for cruel and inhuman treatment. If it does, the court may grant a divorce to the person who has suffered this treatment.

Adultery as a Ground for Divorce

Adultery is another fault-based ground for divorce in New York. Adultery occurs when one spouse has a romantic or intimate relationship with someone else while still married. This ground for divorce requires proof of the affair, which can make the process more difficult. Witnesses, photos, or videos may be needed to show that adultery occurred. The court will examine this evidence closely before granting a divorce based on adultery. However, proving adultery can be hard, and some people may prefer a no-fault divorce to avoid the stress of gathering evidence and going through a trial. Additionally, the person accusing their spouse of adultery cannot use their own behavior as a defense if they have also engaged in an affair. Despite the challenges, adultery can be a valid reason for divorce when one spouse has broken the trust in the marriage by being unfaithful.

Imprisonment as a Ground for Divorce

Imprisonment is also a reason for divorce in New York. If one spouse has been in prison for three or more consecutive years after the marriage, the other person can file for divorce. The law sees a long prison sentence as a serious issue that makes it difficult for the marriage to continue. However, if the person was imprisoned before the marriage or for less than three years, this ground for divorce cannot be used. For those in this situation, a no-fault divorce or another fault-based ground may be a better option. When a spouse is in prison, their partner may feel abandoned or unable to lead a normal life, which can lead them to seek a legal end to the marriage.

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Living Separate and Apart for a Year Under a Separation Agreement

In New York, living apart for at least one year under a separation agreement can also be used as a ground for divorce. A separation agreement is a written contract between spouses that outlines how they will live separately, including arrangements for children, finances, and property. This contract must be signed by both spouses and filed with the county clerk’s office. After living apart for a year, either spouse can use the agreement as grounds to file for divorce. This method allows couples to test living apart before making a final decision to end the marriage. For some couples, a separation agreement provides a way to settle their differences and move forward without needing to go through a contested divorce.

Living Separate and Apart for a Year Under a Court Judgment of Separation

A court judgment of separation is another ground for divorce in New York. Unlike a separation agreement, which is a private contract, a judgment of separation is ordered by the court. This type of judgment outlines the terms of separation, including who will have custody of any children, how assets will be divided, and if either spouse will receive financial support. After living apart for one year under a court judgment of separation, a spouse can file for divorce based on this ground. Some people choose this path if they cannot agree on the terms of a separation agreement and need the court’s help to settle things. Living separately under a court judgment of separation allows both people to experience life apart before deciding on a permanent divorce. If they are sure they want to end the marriage, the court judgment makes it easier to finalize the divorce after the one-year period is complete.

Understanding the Impact of Grounds on Divorce Outcomes

In New York, the reason for divorce can affect what happens during the divorce process. For example, if one person files for divorce because of cruel treatment or adultery, the court may consider this behavior when deciding about child custody, property division, and support payments. While a no-fault divorce may seem easier, a fault-based divorce can allow a person to show that they were wronged by their spouse. However, fault-based divorces often require more time, evidence, and money, and they can bring private matters into public court records. For many couples, a no-fault divorce allows them to end the marriage without having to focus on blame. In contrast, couples with serious issues like abandonment, abuse, or adultery may feel that a fault-based divorce better reflects the reality of their marriage and provides a sense of closure.

The Importance of Legal Guidance in a New York Divorce

Divorce in New York can be a complicated process, especially when it involves fault-based grounds. Couples facing these decisions often need guidance to understand their rights and responsibilities. From filing the initial paperwork to gathering evidence and presenting their case in court, divorce requires careful planning and attention to detail. Each type of ground for divorce has its own requirements and challenges, and failing to meet these can delay or even prevent the divorce from being finalized. For anyone considering divorce, speaking with a legal professional can make a big difference. A lawyer can help explain the process, answer questions, and represent their interests, ensuring that each part of the divorce goes as smoothly as possible.

If you are considering a divorce in New York and need support to understand the grounds for divorce, Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. is here to help. Our team has the experience to guide you through each step of the divorce process and ensure your rights are protected. Contact us today to learn how we can assist you in moving forward with clarity and confidence.