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.
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