Grounds for Divorce | Fault and No-Fault | Commack, NY

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In order to obtain a divorce in the State of New York, you must have "grounds" or a basis for your divorce. There are two types of grounds, fault grounds and no fault grounds. To obtain a divorce

Grounds for Divorce

Fault Grounds

On one of the fault grounds, a spouse must prove certain facts to the Court. The fault grounds are:

  • Cruel and inhuman treatment, consisting of conduct that so endangers the physical or mental well-being of the complaining party as renders it unsafe or improper for that party to continue to cohabit with his or her spouse.

  • Abandonment of the complaining party by his or her spouse for a period of one or more years.

  • Confinement of one spouse in prison for a period of three or more consecutive years after the marriage.

  • Commission of an act of adultery.

No-Fault Grounds

The no fault grounds for divorce do not require the complaining party to prove any misconduct by his or her spouse. The no-fault grounds are:

  • The husband and wife have lived apart pursuant to a judgment of separation for one or more years after the judgment was granted, and the person seeking the divorce satisfactorily proves his or her substantial performance of all of the terms and conditions of the judgment.

  • The husband and wife have lived apart pursuant to a written Agreement of Separation for one or more years, provided the Agreement is signed with certain legal formalities and filed in the Office of the Clerk of the County where either the husband or wife resides.

  • The relationship between the husband and wife has broken down irretrievably for a period of at least six months, provided that either the husband or the wife so states under oath. This final no fault ground for divorce, which has been available in New York State since October 20l0, requires only that the husband or wife state under oath that the marriage has broken down irretrievably for a period of at least six months. No defenses are available to the other spouse to prevent a divorce on that ground.

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