Grounds on which you can pursue divorce in New York

The grounds to get a divorce vary by state and New York is no exception. In order to be eligible to file for divorce in New York, either you or your spouse must have been a resident for at least two years or have lived continuously for an entire year in the state prior to the divorce action being taken. Having been married in or lived with your spouse in New York also qualifies as well.

There are a number of grounds on which an individual can file for divorce in New York, as prescribed under Domestic Relations Law §170. These many factors include cruel and inhuman treatment, abandonment, imprisonment and adultery. Additionally, living separately and apart pursuant to either a separation, judgment, decree or agreement is also a valid reason.

Furthermore, the all-too-common 'irretrievably broken' option is also one of the many grounds upon which you can file for divorce in New York as well in what is commonly known as a "no-fault divorce". In this case, the couple must have been married for at least six months.

Getting a divorce is a complicated process. Although you can in theory go through a divorce process on your own, it may prove to be an ill-advised decision, especially in cases in which you are required to provide documentation supporting the ground on which you are seeking a divorce.

The advice and counsel of an experienced divorce attorney, can help prevent you from being among the statistics of divorce horror stories of people thinking they can handle their divorce themselves. A New York divorce attorney can advise you as your responsibilities and how to best protect your interests and rights in your case.

Source:, "Grounds for divorce," accessed Jan. 20, 2017

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