What Are The Legal Grounds For Divorce In New York?

On Behalf of | Mar 21, 2014 | Uncategorized

According to Census data, in 2009, more than 46,000 people divorced in New York. On October 12, 2010, New York was the last state to institute no-fault divorce. If you want to divorce your spouse, a Buffalo family law attorney can advise you whether it is in your best interest to file for no-fault divorce or to use grounds based on fault.

There are now seven grounds for divorce in New York:

  • Cruel and inhuman treatment – if it is no longer safe or proper for you to live with your spouse, because he or she seriously threatens your mental or physical well-being
  • Abandonment – if your spouse left you or evicted you from the house without the intent to return for more than a year
  • Imprisonment – if your spouse is imprisoned for three years or more
  • Adultery – if your spouse commits adultery and you have a witness who can testify to it, unless you committed adultery yourself, encouraged your spouse to commit adultery or had sexual relations with your spouse after finding out
  • Separation through judgment or decree – if you separated from your spouse for more than a year pursuant to a judgment or decree of separation
  • Separation agreement – if you and your former partner agreed on a separation agreement, which you both followed for at least a year after you separated
  • Irretrievable breakdown of the relationship (or no-fault) – if your relationship has been irretrievably broken for more than six months, and all economic aspects of the divorce as well as custody over any existing children have been resolved

A Buffalo family law attorney can help you protect your rights in divorce proceedings. Linda M. DiPasquale listens to your needs and uses her extensive experience to guide you through your divorce proceeding in the most comfortable way possible.