Irretrievable Breakdown of the Marriage
The newest ground for divorce is a no fault ground. This no fault ground is used in the large majority of divorce cases today. It simplifies the divorce process because it is a ground which does not usually have an available defense to it. The ground specifically states the relationship between the spouses has been irretrievably broken down for a period of at least six months. You do not have to specifically allege any details or information as to why the parties aren’t getting along. Although the irretrievable breakdown between the parties establishes a no fault ground for divorce, the issues of child custody, visitation, equitable distribution of property, child support, spousal maintenance, and other financial and custody related issues need to be resolved before the court actually grants a divorce.
Living Separate and Apart Under A Separation Agreement
or Court Judgment for Separation for One Year
This ground is not often used anymore. It had been used often in the past, but when the new ground, irretrievable breakdown of the marriage, came into existence a number of years ago, this ground for divorce fell largely into disuse. However, it is still a valid reason to get divorced. If the parties to the marriage enter into a validly executed separation agreement and live separate and apart pursuant to the terms of this agreement and comply with the terms of this agreement, this becomes a ground for obtaining a divorce. This also applies to judgments of separation issued by courts for a period of one year. It should be noted the grounds for bringing a proceeding for judgment for separation are exactly the same as the grounds used to obtain a divorce and therefore it is usually cheaper to go straight for the divorce and not for a judgment of separation.
Cruel and Inhuman Treatment
This ground for divorce involves physical or mental cruelty which puts the victimized spouse at risk. The allegations of physical or mental cruelty have to be specifically stated with regard to time, place, location and specificity regarding what took place to utilize this grounds for divorce.
Adultery
Adultery is the most difficult grounds of divorce to prove. In addition to being difficult to prove, there are defenses to adultery. Some of these defenses are that you forgave your spouse for having sexual relations with him or her after discovering the adultery. If the person alleging their spouse committed adultery also committed adultery, this can be a defense to the action for adultery.
Abandonment
Abandonment involves leaving your spouse for a period of one year.
Sexual Abandonment: Sexual abandonment involves refusing to have sexual relations with your spouse for a period of one year.
Conclusion
Although there are a variety of grounds for divorce in New York, today almost all divorce lawyers in New York recommend to their clients to use the no fault ground of irretrievable breakdown of the marriage. It is less expensive, less difficult to prove, and to a large extent fool proof.
