Many people who want to terminate their marriage are unsure of whether they will have to prove that their spouse did something wrong or admit to partaking in some sort of misconduct. However, New York recognizes both no-fault and fault-based grounds for divorce. For more information and skilled legal assistance, continue reading and contact a divorce lawyer for men at Dow Divorce Law today.
What is a Divorce Ground?
A divorce ground is the legal justification or reason required by a court to end a marriage. In many jurisdictions, marriage is viewed as a legal contract, and terminating that contract requires proving that specific legal criteria have been met.
These grounds serve as the foundational basis for the lawsuit, ensuring that the judicial system has a valid and recognized reason to intervene in the marital relationship and issue a final decree of divorce. Without establishing a legally recognized ground, a spouse cannot obtain a judgment of divorce under New York law.
Why Are Grounds for Divorce Important?
The requirement of a divorce ground is important for legal proceedings because it frames the scope of the litigation. The divorce ground establishes the legal basis for ending the marriage. The ground selected may affect what allegations and evidence are required, especially when a spouse pursues a fault-based divorce.
What’s the Difference Between No-Fault and Fault-Based Grounds?
A no-fault divorce focuses on the objective breakdown of a marriage. It does not require proof of wrongdoing by either party, and this approach is often chosen to minimize conflict and simplify the legal process.
Fault-based divorce, on the other hand, requires one spouse to prove that the other engaged in specific misconduct. Because proving fault may require additional evidence, an attorney can help determine whether pursuing a fault-based ground offers any practical benefit in a particular case.
What Are the Grounds for Divorce in NY?
New York recognizes two main categories of divorce grounds: no-fault and fault-based grounds. Many New York divorces proceed on the no-fault ground of irretrievable breakdown, which focuses on the breakdown of the marriage rather than proving marital misconduct. However, fault-based options are still available if specific circumstances apply.
Below are the seven grounds for divorce recognized in New York:
- Irretrievable breakdown of the relationship: The relationship has been irretrievably broken for at least six months. This is New York’s no-fault ground.
- Cruel and inhuman treatment: One spouse’s behavior endangers the other’s physical or mental well-being to the extent that it would be unsafe or improper for them to continue living together.
- Abandonment: One spouse has abandoned the other for at least one year. This can include physical abandonment and, under qualifying circumstances, constructive abandonment, such as refusing marital relations.
- Imprisonment: One spouse has been incarcerated for three or more consecutive years after the marriage began.
- Adultery: One spouse voluntarily engaged in sexual conduct that meets New York’s statutory definition of adultery with someone other than their spouse during the marriage.
- Legal separation: The spouses have lived separate and apart for at least six months under a signed separation agreement.
- Judgment of separation: The court has issued a judgment of separation, and the spouses have lived apart for at least six months after that decree.
Understanding these options is one of the first steps toward getting a divorce, but keep in mind that every situation is unique and may require specific legal guidance.
