GROUNDS FOR DIVORCE - SUPREME COURT DIVORCE


Complexity Of Divorce

As of October 12th 2010, New York State dispensed with the requirement of fault of one of the spouses in order to obtain a divorce. The New York State Legislature, after Governor Paterson signed same, amended the statute by adding (7) of DRL section 170, as follows: The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath. No judgment of divorce shall be granted under this subdivision unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce.

The other grounds of divorce in New York State are: cruel and inhuman treatment (DRL section 170 (1), abandonment (ACTUAL OR CONSTRUCTIVE)(DRL section 170 (2), confinement in prison for three or more consecutive years after the marriage (DRL section 170 (3), adultery (DRL section 170 (4), having lived separate and apart under the terms of a decree or judgment of separation or an agreement of separation for a period of one or more years (DRL section 170 (5) and (6).

 This is not legal advice and should not be viewed as such.  No advice is given until there has been an actual consultation with the attorney.  The statements herein are not advice and no one should act according to such until they have obtained the oral advice of an attorney with regards to these and all legal matters.