Grounds for Divorce in New York

On April 28, 2010, in Divorce, Family Law, by John A. Weber IV, ESQ.

Grounds for divorce in NY.

Many New York residents are unclear about what it takes to qualify for divorce.  Putting residency requirements aside and before you get into property dispute issues, there exists a hurdle that must be met under New York law.  This is to say that you need a legally acceptable reason to terminate a marriage.  New York is not a state that accepts Irreconcilable Differences in its Domestic Relations Law.  This has caused a great deal of controversy and has garnered much attention over the years.  A March 31, 2009 article in the New York Daily News by Jose Martinez touched on how this has caused New York couples unnecessary aggravation (http://www.nydailynews.com/ny_local/state_of_shame/2009/04/01/2009-04-01_how_albany_is_divorced_from_real_world_n.html).

Domestic Relations Law in New York provides the acceptable divorce grounds to be:

1) cruel and inhuman treatment

2) abandonment for a period of 1 year or longer

3) imprisonment for a 3 year period subsequent to the date of marriage

4) adultery

5) conversion of a judgment of separation

6) conversion of a separation agreement after 1 year

Please note that New York now allows a no-fault divorce under DRL  section 170(7).

Not sure if you fall into one of these categories?  Call the Law Firm of Vaughn, Weber & Prakope, PLLC today at (516) 858 – 2620!

Please visit our Family Law and Divorce categories to learn more about Family Law and Divorce issues.

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