GROUNDS FOR DIVORCE - SUPREME COURT DIVORCE


Complexity Of Divorce

New York State still requires fault of one of the spouses in order to obtain a divorce.  There is no such thing as irreconcilable differences as a ground for divorce in New York State.  The closest that New York State has to this concept is living separate and apart pursuant to the terms of a separation agreement for a period of one or more years (DRL section 170 (6).

The 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.