Grounds for Divorce

The grounds for divorce in New York are:

a) Adultery;
b) cruel and inhuman treatment
c) an actual abandonment for one or more years;
d) a constructive abandonment for one or more years (the refusal to engage in sexual relations);
e) imprisonment for three or more years; and
f) the irretrievable breakdown of the marriage.

Living apart for one year under a separation judgment or pursuant to a separation agreement signed by the parties are the two grounds that are not fault based.

Contested Divorce v. Uncontested Divorce

In an uncontested divorce, both parties agree to the divorce. In an uncontested divorce, the divorce is generally granted on papers and no court appearance is required.
Even in cases where one spouse does not consent to a divorce, a divorce may be granted provided all the party seeking the divorce can prove, at trial, the grounds for the divorce. If the grounds are established, the divorce will be granted.
In some cases, a party may oppose the divorce only to procure some concession from the other party. If the issue is resolved, the case may proceed as an uncontested divorce.

Impact of Marital Fault on Equitable Distribution

Except in the most egregious of circumstances, the reason for the divorce (marital fault) will not impact on the economic issues of the divorce.

Contact Clement Law at (646) 434-8901 if you are considering or engaged in a divorce.