Grounds for Divorce in New York
If you’re thinking of divorcing in New York state, it’s important that you understand what constitutes grounds for divorce. If you fail to meet the residency or have an acceptable reason for divorce, it could be delayed or better handled in another state.
Residency requirements
You must meet one of the following conditions:
- You or your spouse have been living in New York continuously for at least two years before the divorce is initiated,
- You or your spouse having been living in New York continuously for one year before the divorce and you either got married in state, lived in state as a married couple or the grounds for the divorce happened in state, or
- Both you and your spouse are residents of New York on the day the divorce is initiated, and the grounds for divorce happened in state.
Grounds for divorce
New York has seven specific grounds for divorce:
- Irretrievable breakdown of the relationship: The marriage must be over for at least six months, and all economic, custody and child support issues are settled.
- Cruel and inhuman treatment: This occurs when there are specific acts of mental or physical cruelty within the last five years.
- Abandonment: This applies when a spouse has abandoned their partner for at least one year.
- Imprisonment: When a spouse has been in prison for three or more consecutive years, this is grounds for divorce.
- Adultery: This can be used when you can prove your spouse committed adultery during the marriage.
- Divorce after legal separation: This can be used when both spouses sign and file a separation agreement and live apart for one year.
- Divorce after judgement of separation: In rare circumstances, the state Supreme Court can create a judgement of separation, and the parties must live separately for one year.
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