What are Grounds for Divorce in New York?

Currently, the grounds for divorce in New York include: (1) the cruel and inhuman treatment of the plaintiff by the defendant; (2) the abandonment of the plaintiff by the defendant for one year or more; (3) the confinement of the defendant to prison for three or more consecutive years after the marriage took place; (4) adultery (as defined by statute); or (5) the spouses have lived apart for one year or more pursuant to a legal separation. (Laws of New York, Article 10, Section 170) On July 1, 2010 New York became the last state in the nation to have its legislative branch pass a no fault divorce law. It will become law when signed by the New York governor.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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