Most people who choose to pursue a divorce in New York choose no-fault proceedings. They assert that they have experienced issues in the marital relationship that have lasted for at least six months. Neither spouse has to prove that the other is to blame, and they can proceed relatively quickly through the divorce process if they agree on certain terms.
However, people from certain cultures or religions may not want to pursue no-fault divorces. They may need to establish that they are not personally culpable for the failure of their marriage. Those individuals may want to pursue a fault-based divorce.
What are the grounds for divorce if one spouse blames the other for the relationship failing?
New York recognizes many types of marital fault
There are many ways in which one person can violate their marital vows and damage the marriage to the point where repairing it seems impossible. Abandonment is one way for a spouse to do irreparable harm to a marriage. If one spouse abandons the other for a year or longer by leaving the marital home or refusing all intimacy, that can be grounds for divorce.
Abusive treatment that occurred within the last five years can lead to a divorce based on cruel and inhumane treatment. Adultery or infidelity can also provide the basis for a fault-based divorce. If one spouse has been in prison for three years or longer and their incarceration began after they married, then divorce based on imprisonment is an option. Spouses can also divorce following a legal separation.
Reviewing the different approaches to divorce can be beneficial for those exploring their options. People in unsatisfying marriages can file for divorce in a variety of different situations.