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Attorneys Identify Grounds for Divorce in New York State

Nassau County lawyers explain no-fault divorce

Some U.S. states require the spouse seeking divorce to establish fault on the part of the other spouse, while other states don’t. Because of recent changes in the law in New York State, you should consult a knowledgeable divorce attorney from Sager Gellerman Eisner Attorneys at Law to explain the grounds for divorce in New York. Currently, a showing of fault is not required in New York, but courts do require evidence of a breakdown of the marriage.

What are grounds for divorce in New York state?

Before 2010, a petition for divorce required an allegation of fault on the part of the other spouse. These allegations were the “grounds” for the divorce. Some of the grounds for divorce in New York included:

  • Adultery — The petitioning spouse was required to provide proof of adultery. Evidence that would lead a reasonable person to believe adultery occurred was sufficient.
  • Abandonment for more than one year — The petitioner was required to prove that the other spouse lived elsewhere.
  • Imprisonment — At least three years’ imprisonment before the time of the petition was grounds for divorce.
  • Cruel and inhumane treatment — The physical or mental health of the petitioner was threatened to the point that the two spouses couldn’t safely live together.
  • Separation — If the spouses lived apart for at least one year under a written separation agreement, they could file for divorce.

Since 2010, petitioners for divorce in New York State may seek a no-fault route. The petitioner doesn’t have to allege any grounds for divorce other than that there has been an irretrievable breakdown of the marriage for at least six months. Regardless of the reason for your divorce, our attorneys help you obtain a favorable settlement or judgment.

Let our family law attorneys guide you through your divorce

The attorneys at Sager Gellerman Eisner Attorneys at Law have decades of experience managing complex divorce cases. We are particularly sensitive to the issues surrounding divorces involving professionals and high-net-worth individuals. You can reach us through our online contact form or call us at 347.625.1038 for a consultation. We serve clients in Nassau and Queens Counties and the New York City boroughs of Manhattan, Queens and Brooklyn.