GROUNDS FOR DIVORCE IN NEW YORK
Grounds For Divorce
Even with the great numbers of divorce cases before our courts, New York State remains the only state that requires “grounds” for divorce. We can not avail ourselves of “incompatibility”, “irreconcilable differences”, “irretrievable marriage breakdown” as litigants in every other state can.
In New York, there must be “grounds” such as “irretrievable breakdown of the marriage” “cruel and inhuman treatment”, “abandonment”, “constructive abandonment”, “adultery”, “incurable mental illness” among others.
Because of the need for grounds to obtain a divorce and because this area of the law is so technical, it is necessary to have attorneys who know the nuances of the law, who know what needs to be proven, and who know how to draft pleadings in an effective manner. As a result of poorly drafted pleadings a case could be dismissed leaving the client without relief. Because it is necessary for the marriage to be dissolved before a party is
entitled to equitable distribution of marital assets, if a case is dismissed due to insufficient grounds, that party will be left with no recourse to seek an equitable distribution of marital assets, meaning important property rights, such as the sharing of pensions, annuities, real estate, will be lost. Obviously, this can be financially devastating.
Cruel and Inhuman Treatment
– conducted by one party against the other that renders it inappropriate for the parties to continue to live together. The cruel and inhuman treatment can consist of physical or mental or emotional cruelty or abuse.
Abandonment
– one party has physically moved out of the marital residence without
justification or intent to return, for a period of one year before the divorce action is commenced. The “abandonment” can also be “constructive”, meaning the parties can be living together yet one party has abandoned the other, i.e. by refusing to engage in sexual relations for one or more years.
Constructive Abandonment
– meaning the parties can be living together yet one party has abandoned the other, i.e. by refusing to engage in sexual relations for one or more years.
Imprisonment
– if one spouse is imprisoned for 3 or more years this is grounds for divorce.
Separation Agreement
– this is the “no fault” of New York’s divorce law. If a married couple enters into a Separation Agreement and resides pursuant to that agreement for one (1) year, this can be used as grounds for divorce.
Irretrievable Breakdown
– one spouse alleges that there has been no “marital relationship for a period of more than six months”.
Adultery
– one party engaging in sexual relations with another party; once the aggrieved party learns of the adultery and engages in sex with the wrongdoer, the adultery will be deemed forgiven.