The 7 Grounds for a Divorce in Brooklyn
Nov 02, 2017
New York State still requires fault to be established in certain divorce cases. There are seven grounds for divorce in the state. When you meet with your New York City divorce attorney at the Levitsky Law Firm, you can determine whether your circumstances fall into one of these categories.
“No Fault”
New York State’s ‘no fault’ divorce is the ‘irretrievable breakdown of a relationship’ for at least six months. In this case, the marriage has truly been over for at least half a year.
Abandonment
Falls into two categories – typical abandonment happens when one spouse leaves the home for at least a year with no intent on returning. There is also constructive abandonment, in which one spouse refuses to have sex with the other for a period of one year or more.
Imprisonment
If one spouse has been in prison for a period of three years, a divorce may be filed on the grounds of imprisonment. Note that this only applies if the spouse was put in prison after the marriage began.
Cruel and Inhumane Treatment
If the plaintiff is in mental or physical danger, the court may grant a divorce on these grounds. The actions must have happened in the last five years and the danger to the plaintiff must be significant.
Adultery
A divorce may be granted on these grounds if the defendant committed adultery. This requires evidence from a third party, as evidence from the plaintiff and defendant is not sufficient.
Legal Separation Agreement
If the parties draw up a legal separation agreement and live apart for a period of one year or more, a divorce may be granted on these grounds.
Judgment of Separation
Perhaps the rarest ground for divorce in New York, this applies after a court issues an order of separation and the couple lives apart for one year.
As you might be able to tell, getting a divorce in New York City is not always easy. Speak with a family law attorney to determine whether you have grounds for divorce.