What are the grounds for divorce?

In New York, couples can file for divorce on the grounds of either fault-based or no-fault-based reasons. Fault-based grounds involve one spouse taking legal action against the other for a valid reason, such as adultery, abandonment, or cruel and inhuman treatment. No-fault-based grounds involve stating that the marriage has broken down irretrievably and neither spouse was at fault. The most common no-fault ground is that the couple has been living apart for at least one year. In New York, only certain fault-based grounds are allowed for divorce: adultery, cruel and inhuman treatment, abandonment, imprisonment, lack of treatment for a mental illness, and living apart for a certain period of time. A spouse who files on one of these grounds must provide evidence and proof to support their claims. In addition, New York allows couples to divorce based on "irretrievable breakdown," a no-fault ground. This means a couple must agree in writing that the marriage has broken down and is no longer salvageable. A couple must have been living apart for at least one year before they can file on this ground. Finally, New York also allows couples to file an uncontested divorce, which is similar to a no-fault divorce, but one spouse does not need to agree to the divorce. In this case, the spouse who filed for divorce must provide proof and evidence that they have been separated for a certain amount of time. In summary, couples in New York can file for divorce on fault-based grounds, such as adultery or cruel and inhuman treatment, as well as no-fault grounds, such as irretrievable breakdown or living apart for a certain period of time. They may also file for an uncontested divorce in certain cases.

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