(212) 349-1600 Located: 370 Lexington Ave, Suite 901 New York, New York 10017 map
Contact Us

What Are Grounds for Divorce in New York? 

Posted on June 25, 2024

When you are ready to file for divorce, it will be critical to seek out the divorce process in the right court of law. Grounds for divorce in New York mean that you meet the state’s requirements for filing a divorce petition within that state.

In New York, laws changed in 2010 that meant that you could seek a no-fault divorce, which means you did not have to provide a specific reason for why you are divorcing your spouse. It also means that you do not have to prove to the court that the divorce is beneficial. However, that does not apply in all situations. Talk to a New York City divorce attorney from the Law Offices of Vivien I. Stark today.

What Are New York Grounds for Divorce?

Though you do not have to provide a specific reason under the no-fault divorce, but instead state that your marriage is irrevocably broken and has been for at least six months, there are some situations where you may need to seek out other grounds for divorce. Here are some examples of grounds for divorce in New York:

  • Abandonment: In this situation, one spouse leaves the other spouse or forces the other spouse out of the home. This lasts for a full year. And during that time, the spouse did not have any intention of trying to return.
  • Adultery: You may also file a petition for divorce stating that the other spouse has engaged in sexual activities with someone else. This may include any type of sexual activity as long as you are not encouraging the spouse to engage in that activity.
  • Cruel and inhuman treatment: This type of grounds for divorce falls into cases when there are claims of domestic violence present. It could include any type of domestic event, including physical, emotional, or sexual abuse. In this situation, it is not safe for the other spouse to live there.
  • Imprisonment: This claim occurs in a situation where one spouse is in prison for three years or more. If that occurs, the other spouse may use this as grounds for terminating the marriage for up to five years after the spouse has been released from their prison sentence. However, for this to apply, the person must have gone to jail or was about to go to prison when the couple was married.
  • Separation: Another ground for divorce is the use of separation. This can be applied in situations where you both have been living apart for at least a year. You will need to prove to the court that this is the case to be grounded in a divorce for separation.

Remember that you do not need to have legal grounds for divorce in New York. If you can testify that your marriage is irretrievably broken and has been for at least six months, that alleviates the risk that you will have to apply a specific type of grounds for divorce on your application. In all situations, it is best to discuss the best route forward for you by speaking to a New York divorce attorney.

We offer appointments in office, by phone or Zoom. Contact us Today. Close