The acceptable grounds for divorce in New York State include:
- Abandonment
Abandonment is acceptable grounds when one spouse leaves the other without justification, consent, or the intent to return, for a period of one year prior to the filing of the divorce papers. - Cruel & Inhuman Treatment
If your spouse has subjected you to verbal, emotional, or physical abuse within a period of five years prior to filing for divorce, cruel & inhuman treatment can be claimed as acceptable grounds for divorce. - Adultery
Grounds of adultery are acceptable for divorce if your spouse has been engaging in voluntary sexual relations with anyone other than you. - Confinement to Prison
Filing for divorce with the grounds of confinement to prison is acceptable if your spouse has served a prison term for at least three years, with the spouse either currently incarcerated or up to five years after he/she is released. - Living Pursuant to a Separation Agreement for One Year
Though a legal separation is now relatively uncommon, living apart for one year pursuant to the terms of a legal, notarized agreement is acceptable grounds for divorce. - Living Pursuant to a Judgment of Separation for One Year
A judgment of separation is something that can be entered by a judge when one spouse wants a legal separation and the other spouse does not agree. - Irretrievable Breakdown of the Relationship
If at least one spouse attests under oath that the marriage has been “irretrievably broken” for at least six months, and both spouses come to an agreement about the terms of a divorce, this grounds (also known as “no-fault” divorce) is acceptable.
Regardless of the grounds used, your divorce attorney will handle all of the documents that must be filed in the case of an uncontested or contested divorce.
The goal of the team at Bates Family Law is to minimize conflict and cost when settling your divorce. We will keep you informed and involved throughout the process, until a positive resolution is reached.
Call Bates Family Law today at (585) 433-4661 to schedule your consultation.
