What are the grounds for divorce in New York?

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With the increasing acceptance of divorce in today’s society, many couples choose to dissolve their unhappy marriages. When making this difficult decision, couples must consider various factors that will impact the termination of their marriage. This includes considering whether to file a “no-fault” or “fault” based divorce. Regardless of the route you choose to take, you will have to cite the reasoning or grounds for the divorce. However, the grounds you declare for the divorce can significantly impact the outcome of your divorce. Therefore, if a divorce is imminent, contact a dedicated Suffolk County Divorce & Separation Attorney who can help you determine the best divorce route for your marital situation. Please continue reading to learn about the different fault grounds you can cite for the reasoning behind the dissolution of your marriage in New York.

What are common fault grounds for divorce in New York?

Like many other states, New York allows individuals to file no-fault or fault-based divorces. When you file for a no-fault divorce, you can cite irreconcilable differences as the reasoning for the irretrievable breakdown of your marriage. Essentially, when you cite irreconcilable differences for the reasoning for the dissolution of your marriage, you are stating that neither you nor your spouse is to blame for the divorce. Still, you cannot get along with one another enough to keep the marriage alive. The relationship, ultimately, has been broken down irretrievably for at least six months. With a no-fault divorce, you are not burdened with proving your divorce grounds. However, if you file for a fault-based divorce, you must prove that your spouse’s misconduct caused the end of your marriage.

If you choose to file for a fault-based divorce, you must specify one of the acceptable grounds for ending a marriage provided by the state. In New York, you have the option of filing for divorce based on any of the following valid types of spousal misconduct:

  • Adultery
  • Cruel and inhuman treatment
  • Separation- living apart for one or more years after obtaining a judgment of separation
  • Abandonment- living apart for one or more years pursuant to a separation agreement
  • Imprisonment for three or more years after the parties were married

The above-listed are all valid fault grounds that the state will accept if you can prove them as reasoning for ending a marriage.

If you’re considering filing for a fault-based divorce in New York, please don’t hesitate to contact a knowledgeable Suffolk County divorce & separation attorney, who can help you evaluate your situation. At The Law Offices of Susan A. Kassel, P.C., we are prepared to help you determine whether you would benefit from citing fault grounds to end your marriage.

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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

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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...

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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...

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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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