In New York, couples seeking a divorce must base their case on one of seven legally accepted grounds. These grounds provide the legal foundation necessary to dissolve a marriage, whether through fault or no-fault reasons, helping individuals move forward with clarity and protection.

The Seven Grounds Explained

1. Irretrievable Breakdown (No-Fault Divorce)
   This is the most common ground and allows couples to end their marriage without placing blame. It applies when the marriage has completely broken down for at least six months, signaling that the relationship cannot be repaired.
2. Cruel and Inhuman Treatment
   This ground involves behavior that endangers a spouse’s physical or mental well-being. It covers abuse, whether physical or emotional, that makes continuing the marriage unsafe or intolerable.
3. Abandonment
   Abandonment occurs when one spouse leaves the marital home without the intention to return for a continuous period of at least one year. This can also include refusal to engage in marital relations.
4. Imprisonment
   If a spouse is incarcerated for three or more years, this can be grounds for divorce, provided that they have not been released for more than five years before the divorce petition.
5. Adultery
   Proving adultery requires evidence that one spouse engaged in sexual relations outside the marriage. This ground can be difficult to prove but is a valid reason for divorce under New York law.
6. Living Apart with a Legal Separation Agreement
   If the couple has a legally recognized separation agreement and has lived apart for at least one year, they can file for divorce based on this agreement.
7. Living Apart Under a Court Judgment of Separation
   Similar to the previous ground, this applies when a court has issued a separation order and the spouses have lived separately for at least one year afterward.

Why Legal Expertise Matters

Navigating the complexities of divorce grounds requires experienced legal guidance. An attorney helps ensure you understand your rights, gather necessary evidence, and handle sensitive matters with care. The firm Beckerman & Granados, PLLC specializes in these cases, providing compassionate and effective representation tailored to your specific situation.

This clear framework of divorce grounds in NY law helps spouses understand their options and facilitates a smoother legal process for those ready to dissolve their marriage.