Understanding Reasons for Divorce in New York State

In New York State, divorce can be pursued under specific legal grounds, categorized as fault-based or no-fault. No-fault divorce is the most commonly used option, requiring only that one spouse declares the marriage has been irretrievably broken for at least six months. This approach eliminates the need to prove wrongdoing, making the process less contentious. Fault-based grounds, however, require evidence of specific misconduct. These include adultery, which involves proving extramarital relations; cruel and inhuman treatment, which refers to behaviors that endanger a spouse’s physical or mental health; abandonment, such as when a spouse leaves without justification for at least a year; and imprisonment of a spouse for three or more years. Additionally, divorce can be sought after living apart for a year under a separation agreement or court order. Each ground has unique requirements and implications, particularly in terms of spousal support, property division, and child custody. Navigating these legal grounds can be complex, and having an experienced divorce attorney can help ensure your case is handled effectively. They can provide guidance tailored to your circumstances, protect your interests, and help you achieve the best possible outcome during this challenging time.

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