Photo Of Attorney Jane K. Cristal

Protecting Your Rights And Best Interests

In Divorce And Other Family Law Matters

On what grounds can you seek a divorce in New York?

On Behalf of | Feb 9, 2021 | Uncategorized |

Deciding to end a marriage happens for many reasons. Often, a couple just grows apart. They may realize that they no longer share the same goals or beliefs. Often, a couple willingly separates so they can seek a no-fault divorce that attaches no real blame to either party for the failure of the marriage.

There are times, however, when a spouse can be divorced “for cause.” In those situations, one spouse alleges that the other did something particularly awful that makes continuing the marriage unreasonable.

What are the grounds for an at-fault divorce in New York?

Although no-fault divorces are the most common in the state, there still exist many grounds for fault in a divorce in New York:

  • Adultery, if you can provide the court with proof that infidelity occurred during the marriage
  • Cruelty, if you can show the court that you are in physical or mental danger and need to get away from your spouse
  • Imprisonment, if it occurred after the marriage and the spouse has been imprisoned for at least three consecutive years
  • Abandonment, if your spouse left your home for at least a year, or if your spouse refuses to have sex with you
  • Separation, if you and your spouse have lived apart for a year and file a separation agreement or receive a judgment of separation from the court first

Knowing that you have choices when divorcing in New York can make you feel better about the process of getting a divorce. However, it is always critical to investigate each option and choose the one that meets your needs. To discover which solution is right for your unique situation, consider taking the details of your circumstances to a family law attorney.