Diefenbach Law Firm PLLC

7 Grounds for Divorce in New York

  1. Adultery: If your spouse commits adultery you must also make sure that less than 5 years have elapsed since the discovery of the adultery, and that you have a witness that can testify. Adultery becomes a reason for divorce if you have not encouraged the act, forgiven him/her by having sexual relations with him/her after, or committed adultery yourself
  2. Desertion or Abandonment: If your spouse voluntarily separated from you with the intent to desert for at least a year, then it becomes a reason for divorce
  3. Irretrievable Breakdown: If the marital relationship between the two spouses has been broken down to a point where it’s irreversible for at least six months, the court will consider this ground for a divorce after other divorce litigation matters such as property distribution, spousal support and child support have been resolved.
  4. Cruel treatment: If your physical and mental health are in danger due to the way your spouse treats you and therefore you cannot remain living together, it will be considered ground for divorce as long as less than five years has elapsed since it happened last.
  5. Criminal Conviction or Imprisonment: If your spouse is sent to jail for three or more years it’ll be considered a valid reason for divorce unless he/she was freed more than five years ago.
  6. Separation Agreement: You and your spouse have been living separately and following an agreement -without court intervention- to live apart for at least one year, and you both sign this agreement before a person authorized to certify contracts, you must obey all the requirements of the agreement.
  7. Judgment of Separation: If you have a Judgment of Separation with your spouse, meaning that both of you have been living separately due to a judgment of separation of one year or more given by the court, you may convert this judgment into a divorce if you and your spouse have obeyed all the conditions stated by the decree of separation.
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