Legally reviewed by Elliot S. Raimondo - Raimondo & Sundquist LLP
New York recognizes both fault-based and no-fault grounds for divorce, though most people today choose to file on no-fault grounds for a variety of reasons. Please continue reading to learn more about the grounds for divorce in New York and how a knowledgeable Buffalo divorce lawyer from Raimondo & Sundquist can assist you through the process ahead. Here are some of the questions you may have:
What Does It Mean to Have Grounds for Divorce?
A ground for divorce is essentially the legally acceptable reason a person gives for requesting that the court end his or her marriage. In New York, simply stating that you would prefer not to remain married is not necessarily enough, which is why your divorce paperwork must cite one of the grounds recognized under state law.
Fortunately, New York permits spouses to file for divorce based on an irretrievable breakdown of the marital relationship for at least six months. To use this no-fault ground, one spouse must state under oath that the marriage has broken down beyond repair. The other spouse does not have to agree that the marriage is over.
Before the divorce can be finalized, however, all outstanding marital matters must be resolved through an agreement or decided by the court. These issues may include the following:
- Equitable distribution of marital property
- Allocation of marital debts
- Spousal maintenance
- Child custody and parenting time
- Child support
- Attorneys’ fees and expert expenses
No-fault divorce is preferable for many couples because neither spouse has to present evidence showing that the other was responsible for ending the marriage. This ground is recognized under New York Domestic Relations Law § 170(7).
What Are the Seven Legal Grounds for Divorce in New York?
There are seven grounds for divorce recognized in New York. They are as follows:
- Irretrievable breakdown: The marital relationship has been irretrievably broken for at least six months.
- Cruel and inhuman treatment: One spouse has engaged in conduct that endangers the other spouse’s physical or mental well-being, making it unsafe or improper for them to continue living together.
- Abandonment: One spouse has abandoned the other for at least one year. This may include physically leaving the marital home or refusing marital relations without justification.
- Imprisonment: One spouse has been incarcerated for at least three consecutive years after the marriage began.
- Adultery: One spouse voluntarily engaged in a qualifying sexual act with another person during the marriage.
- Separation judgment: The spouses lived apart under a court-issued judgment of separation for the legally required period, and the filing spouse substantially followed its terms.
- Separation agreement: The spouses lived separately under a valid written agreement for the required period, with the filing spouse substantially complying with the agreement.
It is important to understand that each fault-based ground has its own evidentiary requirements. Additionally, under the current language of New York law, the two separation-based grounds generally require the spouses to have lived apart for one or more years.
Which Ground Should I Choose When Filing for Divorce?
Generally speaking, filing for a no-fault divorce is the most straightforward option because it eliminates the need to prove marital wrongdoing. Fault-based divorces may require witness testimony, documents, photographs, communications, or other evidence, which can make an already difficult process considerably more complicated.
Of course, there are exceptions. If your spouse committed adultery, abandoned you, subjected you to cruel treatment, or was incarcerated, you should discuss these circumstances with a knowledgeable attorney before selecting your grounds. You should also note that citing fault does not automatically determine how property, custody, support, or maintenance will be decided.
Ultimately, the ground you select can affect how your divorce proceeds, which is why this decision should not be taken lightly. Our legal team can evaluate the circumstances of your marriage, explain each available option, and help you pursue a fair resolution that protects your interests. Contact Raimondo & Sundquist LLP for assistance today.
