GROUNDS FOR DIVORCE

What are the grounds for divorce?

A Ground for Divorce means a legal reason for the Divorce.

There are several grounds for divorce in New York State. They are all contained in Domestic Relations Law Section 240. They are as follows:.

1. No-fault/ Irretrievable breakdown: Irretrievable breakdown is the legal term for a no-fault divorce and is the easiest way to get divorced in New York State. A no-fault divorce is one in which the plaintiff, the person bringing the divorce case, states that the marriage has been broken for at least six months. If the couple owns property or owes money or has to decide how children will be raised and/or supported, all of these must be resolved before a no-fault divorce will be granted.
2. Cruelty: When the defendant, the person against whom the divorce case is brought, endangers the physical or mental well-being of the plaintiff to make it unsafe or improper for the plaintiff to cohabit with the defendant. The cruelty must have occurred in the five years before the divorce case is filed and at least three instances of cruelty should be stated.
3. Abandonment: This occurs when the defendant has left the plaintiff for at least one year.
4. Constructive abandonment occurs when the defendant refuses to have sexual relations with the plaintiff for at least one year.
5. Imprisonment: When the defendant is confined to prison for at least three years after the marriage occurs.
6. Adultery: When a spouse has an extramarital sexual affair. This is very difficult to prove in New York State as the courts require that the proof be made by someone outside of the marriage.
7. Legal Separations and Judgments of Separation: These are documents prepared by lawyers and approved by judges in which the spouses enter into a written agreement to end the marriage.

My spouse of 15 years told me that he wants a divorce. I suspect he is having an affair. I don't want a divorce. Can I just say no?

You cannot refuse. In New York an action for "no-fault" divorce requires that "the relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath."

What is the definition of adultery?

Adultery occurs when a spouse commits a sexual act, with a person other than their spouse.

What constitutes physical abandonment?

Abandonment arises when one spouse separates for a period of at least a year without intending to resume living together as a married couple.

What does constructive abandonment mean?

One spouse's unjustified refusal for a period of one year or more to have sexual relations with the other spouse.

My spouse is verbally abusive and in general makes my life miserable. Does this constitute cruel and inhuman treatment?

A divorce will not be granted unless a spouse can prove that she or he suffers from cruel and inhuman treatment that makes is unsafe or impossible to continue living with the other spouse. Mere incompatibility will not meet be sufficient.

My spouse and I each want to terminate our marriage but neither of us can prove fault. What are our alternatives?

New York allows for a "no-fault" divorce. In addition, where spouses have lived apart for at least one year according to a signed separation agreement they may obtain a divorce.

In a divorce proceeding does it make a difference who is the plaintiff and who is the defendant?

The plaintiff is the party brining the lawsuit, the defendant is the party who responds. When a divorce is mutually desired and/or based upon “no fault”, there is no advantage to being the plaintiff or the defendant.