Grounds for Divorce In NY

Grounds for Divorce in New York:

  • Cruel and inhuman treatment.
  • Abandonment for a period of one or more years
  • Confinement to prison for a period of three or more consecutive years after marriage.
  • Adultery.
  • Parties living apart after the granting of a Judgment of Separation for a period of one or more years.
  • Parties having lived separate and apart pursuant to a written agreement for a period of one or more years.

    • Residency Requirement:

    1. The marriage ceremony was performed in NYS and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began OR
    2. The couple lived as husband and wife in NYS and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this statefor a continuous period of one year immediately before the action began; OR
    3. The grounds for divorce occurred in NYS and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began;
      OR
    4. The grounds for divorce occurred in NYS and both spouses are NY residents at the time the action is commenced; OR
    5. If you and your spouse were married outside of NYS and you never lived together as husband and wife in this state and the grounds for divorce did not occur in this state--either you or your spouse must presently be a resident of New York State and have resided continuously in the state for at least two years prior to bringing this action for divorce.