Grounds for Divorce in New York

The grounds for divorce are different in each state. All states have some kind of no-fault divorce; many states also have fault-based divorce. In New York, you need grounds to get a divorce. The following grounds can be used to obtain a divorce in New York.

Cruel and inhuman treatment;
Imprisonment of the other spouse;
Separation under a written agreement;
Irretrievable breakdown of the marriage.

Each of these grounds has different requirements. The last two are the only no-fault divorces available in New York.

Nowadays, irretrievable breakdown is the most common basis for divorce in New York. This does not require alleging any wrongdoing of the other spouse. It also doesn’t require being legally separated first. It merely requires that the relationship between the spouses has broken down irretrievably for at least six months. This was only added to New York law in 2010, and has simplified obtaining a divorce. However, issues of custody, visitation, support, and division of property still have to be agreed upon or decided by a judge.