In the old days when people filed for divorce, it was necessary to do so under specific grounds, for instance, abandonment, inhuman treatment or cruelty. If none of the mentioned grounds applied to the couple’s living situation, they usually tried to do so under grounds for separation that didn’t conform to standards that didn’t always fit.
Luckily since changes were made in divorce law recently, if a couple doesn’t have separation issues such as adultery, abandonment or inhumane treatment, can now use irretrievable breakdown as a cause for the dissolution of their marriage. Due to this change in divorce law, couples in New York can file for divorce regardless of the reason for their separation.
Couples no longer have to resort to false accusations against each other to part ways. A divorce can be granted even if it is the wish of just one spouse.
All divorces which are filed in New York are handled in the Supreme Court in the county where you reside. The family court can order child custody or support, but they don’t deal with divorce cases as such.
7 Grounds for divorce in New York City
1. Irretrievable Breakdown
This means that the relationship between spouses has been irretrievably destroyed for at least six months.
2. Cruel And Inhumane Treatment
This happens when a spouse is subjected to treatment that places their mental or physical health in danger, particularly when they continue to live with each other.
When a spouse commits adultery but it such a case can be complicated, as one spouse can’t file for divorce if he or she has encouraged their spouse to commit adultery. The aid of a Plainview Divorce Lawyer can assist you with your case and determine whether you have grounds for divorce. If your partner has been cheating on you and you’ve forgiven him or her and had sexual relations with them after finding out about the adultery, or you have committed adultery yourself, then you can’t use this as grounds for divorce. Also, this reason can’t be used if it has been more than five years since the adultery was discovered.
In case of one spouse leaving the other for at least one year or have kicked the other out and they are not planning to return.
If your spouse has received a sentence and is to be jailed for three or more years.
6. Separation Agreement
When two spouses have not lived together for over a year due to an “Agreement of separation”, but they must adhere to the terms stipulated in the agreement.
7. Judgment Separation
If a couple has an official decree of separation or judgment of separation for at least a year, it can be viewed as grounds for divorce. However, this is seldom used. Most couples immediately file for divorce and skip this step.
Since no-fault divorce or irretrievable breakdown has been passed into law, this will probably be your most general ground for divorce selected by divorcing couples. Divorce is a complex process, regardless of the grounds.