Grounds for Divorce in New York

Understanding New York Divorce Law

To obtain a divorce in New York, there are several procedural matters that must be addressed and issues that must be resolved. At the Staten Island law firm of Corash & Hollender, P.C., our lawyers provide skilled legal representation for people preparing for divorce, addressing the full spectrum of issues including child custody, child support, alimony and property division.

The following information is intended to provide you with a basic understanding of the divorce process in New York. However, to fully understand the law as it applies to your particular facts and circumstances, it is important to speak with a knowledgeable and experienced family law attorney.

Contact our offices today to learn more about how the Staten Island law firm of Corash & Hollender can help you resolve your family law concerns.

The Grounds for Divorce in New York

The grounds for divorce in New York State are limited to:

• Cruel and inhuman treatment
• Abandonment for a continuous period of one year or more
• Imprisonment for more than three years subsequent to the marriage
• Adultery
• Conversion of a separation judgment
• Conversion of a written and acknowledged separation agreement after living separate and apart for more than one year

If one party to a marriage wants a divorce, he or she must establish one of these grounds. All divorces, even those that are uncontested, must be a based on one of the six grounds listed above.

The grounds do not include accusations of bad conduct against the plaintiff unless such bad conduct rises to the level of cruel and inhuman treatment.

New York is the only jurisdiction in the U.S. without No-Fault Divorce

In New York, irreconcilable differences, incompatibility, mutual consent or failure to communicate are not grounds to secure a divorce decree. New York is the only jurisdiction in the United States that does not allow for no-fault divorce.

For more information regarding your divorce, contact our offices today to schedule a confidential consultation.

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