Seven Grounds for Divorce in New York

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In order to divorce in New York, you must have a reason that is legally acceptable. In New York, there are seven grounds for divorce that are legally recognized and acceptable.  They are as follows::

  1. Irretrievable breakdown in the relationship for at least 6 months. This is commonly known as a no-fault divorce.  To utilize this ground for divorce, the marriage must be over for at least 6 months.  All martial issues related to debt, marital property, assets, any other economic issues, should be resolved.
  2. Cruel and Inhuman Treatment. This ground for divorce may require a judge to analyze specific acts of cruelty that occurred within the last five years of the marriage. It is important to note that arguments and disagreements, for example, do not fall under this ground for divorce in New York.  Cruel and inhumane treatment can cause the plaintiff undue harm physically or mentally, as well as cause dangerous and unsafe conditions should the spouses continue to live together.
  3. Abandonment. If a spouse abandons the other spouse for at least one year, they may be able to use this ground for divorce.  There are two types of abandonment: voluntarily abandonment (when the spouse leaves the home) or when the spouse refuses to have relations with the other spouse.  The latter is known as “constructive abandonment.”
  4. Improvement. If a spouse is imprisoned for 3 or more years, consecutively, the other spouse may use this as a ground for divorce. The spouse must have been sentenced to prison after the marriage commenced.
  5. Adultery. Adultery can be used as a ground for divorce if it occurred during the spouses’ marriage.  This may be difficult to prove since evidence from another person may be required.
  6. Divorce after a legal separation. If the divorcing spouses live separate for one year and have a valid separation agreement, they may use this as a ground for divorce.
  7. Divorce after a judgment of separation. This is a relatively uncommon ground for divorce. This ground may be utilized if the Supreme Court created a judgement of separation and the divorcing couple lived apart for one full year,

If you are considering a divorce, contact an experienced divorce attorney today.

If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today. 

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What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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