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Understanding The Grounds For Divorce In New York

If you are going through a fault-based divorce in Queens, New York, you will need to prove to the court that your marriage ended as a direct result of your spouse’s actions. However, the state only recognizes six acceptable grounds to end a marriage based on fault, and all other issues will be solved through the “irretrievable breakdown” grounds of the state’s no-fault law. The acceptable grounds include:    

  • Cruel and inhuman treatment: This includes any physical or mental abuse you have sustained by your spouse over the years. However, if any incident of abuse occurred more than five years ago, a divorce will not be granted if your spouse objects to it.
  • Adultery: According to New York law, adultery is committed whenever your spouse has any type of sexual relationship with another party outside of your marriage. If the adultery occurred more than five years ago, or if you had sex with your spouse again after learning of the affair, a divorce will not be granted by the court.
  • Abandonment: If you have been left by your spouse for more than a year, you can file for divorce on the grounds of abandonment.
  • Imprisonment: This is an acceptable grounds for divorce if your spouse has been in prison for three or more years. However, if your spouse was released more than five years ago, your divorce will not be granted.
  • Judgment of separation: A divorce can be granted if you and your spouse have not lived together for more than a year after receiving a “Judgment of Separation” from the court.
  • Separation agreement: A divorce can also be granted if you have not lived with your spouse for at least one year after a written “Agreement of Separation.”

If you are looking to file for divorce in Queens or Nassau County — including the Forest Hills, Kew Gardens and Rego Park areas — the veteran staff at Sager Gellerman Eisner Attorneys at Law can help you determine whether you are eligible for a fault-based resolution. 

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