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New York’s 7 Grounds for Divorce

New York’s 7 Grounds for Divorce

In New York, residents wishing to get a divorce must have a legally acceptable reason to end the marriage. These reasons are known as grounds for divorce. Familiarity with these grounds for divorce can be essential in crafting a successful divorce case.

Irretrievable breakdown

One of the most common reasons for a divorce is an irretrievable breakdown in a relationship for at least six months. It shows that both parties have made a valiant effort to keep their marriage together, and that effort has simply not worked.

Cruel and inhuman treatment

Cruel and inhuman treatment is a clear reason for divorce in the state of New York. This category can involve a wide variety of verbal and physical assaults. This reason for divorce can cause a petition to be granted quickly and often results in the victim receiving much of what they want in a divorce settlement.


One married partner cannot simply abandon their partner for long stretches of time in the state of New York. Such abandonment can easily be grounds for divorce in the state. An individual would have to bring convincing proof to a judge that their partner had been away for a significant period of time in order to win a divorce on these grounds.

The question of locking out another spouse can also lead to a divorce on the grounds of abandonment. One partner must think carefully and act cautiously if they are ever considering locking their partner out of a jointly owned house.


If a spouse has been in jail for three or more years in a row beginning after marriage, there is a ground for divorce. Once your spouse has spent three consecutive years in jail, you can file for divorce while they are still in jail or up to five years after they are released from jail.


Adultery is no longer considered a crime in New York. But it can still be a grounds for divorce. The act of adultery involves a betrayal of trust that strikes at the core of most marriages. This scenario, if proven, can be incredibly influential for a judge who is making decisions surrounding a divorce. Proving adultery can be difficult, however. It only holds up if there is significant evidence for the affair and proof that both parties did not accept the affair in advance.

Divorce after a legal separation agreement

A separation agreement involves both parties signing on to a statement declaring that they have been separated for a significant period of time.

Divorce after a judgment of separation

A judgment of separation is a determination by a judge that two people have been separated for an extended period of time. This judgment often emerges when one member of the divorce fails to respond to a motion from the court or the other party in the divorce. Such a decision leads to the judge agreeing with the filing party and making a judgment stating that he or she believes that both parties have been separated for a significant period of time.

Each ground for divorce can be complicated. If you are going through a divorce, it is in your best interest to contact a lawyer. The attorneys at Friedman & Friedman PLLC are here to help you through the process. Backed by several decades of experience, we have the experience to protect your rights.

(516) 688-0088">Call us today at (516) 688-0088 to learn more about the divorce process.


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