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What are the Grounds for Filing Divorce in New York?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Aug 31, 2026

Read Time: 2 mins

Spouses filing for a divorce in New York are required to state the reason for the divorce..They can request the court to terminate their marriage under certain specified grounds listed in New York’s Domestic Relations Law.

The grounds (reasons) for getting a divorce in New York are:

Irretrievable breakdown: If the relationship between the spouses has broken down irretrievably for a period of at least six months.
Cruel and inhuman treatment: If one of the spouses has been subjected to abusive conduct by the other spouse, endangering their physical and mental well being. Allegations under this ground include, domestic violence and extreme mental cruelty.
Abandonment: If one of the spouses was abandoned by the other spouse for a continuous period of one year or more. This may include the spouse leaving the marital residence without the consent of the other or the spouse locked out by the other spouse from their marital residence.
Imprisonment: If one of the spouses was imprisoned for at least three or more consecutive years following the marriage.
Adultery: If one spouse was engaged in an extra-marital sexual relationship during their marriage. Adultery can be difficult to prove as it requires corroborating evidence from a third party.
Judgement of separation:If the spouses have lived apart for at least one year following a “Decree of Separation” or “Judgment of Separation”, given by the Court.In this case, both spouses must comply with all the terms and conditions of the decree or judgment.
Separation agreement:If the spouses have lived apart for at least one year following a written separation agreement. In this case, both spouses must sign the agreement before a notary and comply with all the terms and conditions of the agreement.

Need A Divorce Attorney In New York? Contact Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

If you are facing a divorce, you can trust the experience and efficiency of Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. divorce attorneys. We listen intently to your wishes and always act in your best interests. Call us today to schedule a consultation at 201 690 7735/845 459 0001/ 800 711 5258 or fax at 845-356-433. You can also email at [email protected].

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   LWelsh 
 10 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 31 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 95 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 98 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 104 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 133 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 146 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 153 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 156 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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What are the Grounds for Filing Divorce in New York?

Need A Divorce Attorney In New York? Contact Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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