What Are The Grounds For Divorce In New York?
Before we learn about the various New York divorce forms, let's focused on what the grounds for divorce are in New York. There are two (2) types of divorces in New York: fault and no-fault divorces.
No-fault divorces are new to the state of New York. Before 2010 the only type of divorce in New York were fault based. No-fault divorces have one ground, irretrievable breakdown. To meet the elements of irretrievable breakdown the relationship between husband and wife must have broken down irretrievably for no less than six (6) months.
Although, no-fault divorces are often the most amicable type of divorce issues such as child-support, alimony, child custody, and the division of property are often disagreed upon.
In all there are seven (7) grounds for divorce in New York. We have already discussed the first one above. The remaining six (6) fall under Fault divorces. The remaining six grounds are: Cruel and inhuman treatment, Abandonment, Imprisonment, Adultery, Judgment of Separation, and Separation Agreement.
1. Cruel and inhuman treatment: When your physical or mental health is in danger by continuing living together. Abuse must occur 5 years prior to divorce petition.
2. Abandonment: Spouse has left, kicked out or does not return to the household for a year or more. The spouse abandons the plaintiff.
3. Imprisonment: Spouse is imprisoned 3 or more years. This cannot be used if the spouse has been released from jail/prison for at least 5 years.
4. Adultery: Your spouse commits adultery. Although, it cannot be used as a ground for divorce if the following have occurred: adultery has been encouraged, if the spouse has been forgiven by having sexual relations with them after adultery has been discovered, when the plaintiff has committed adultery themselves. Adultery that was committed 5 or more years prior to the petition for divorce cannot be used as grounds for divorce.
5. Judgment of Separation: Both spouses have not lived together because of a "Judgment of Separation" or "Decree of Separation", issued by the Court, for at least one year.
6. Separation Agreement: Both parties have not lived together because of a written "Agreement of Separation" for at least one year.
Uncontested Divorce Forms with children under 21