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The Seven Grounds for Divorce in the State of New York

Seven Grounds for Divorce in New York

Is getting tired of your spouse enough? Is boredom, lack of attraction, or incompatibility a good enough reason for divorce? Those who live in the Syracuse area and all of New York State should be aware that there are seven “official” grounds for divorce in the state of New York.

Here are the seven.

1. Cruel or inhumane treatment

This may seem vague, but can be challenging to prove. Cruel or inhumane treatment can include physical, mental, and emotional abuse, but it must have occurred recently. Also, the longer you've been married the more severe the abuse must be proven to be.

2. Abandonment

If your spouse voluntarily left you for more than a year, you may have grounds for divorce in New York-based on abandonment. There are a couple of caveats to this, however, in that, your spouse must have no intent to return and if you agreed to their departure it may not be considered abandonment.

3. Incarceration

If your spouse is sent to jail for three or more years it can be grounds for divorce in the state. This must be actual time incarcerated and does not include suspended sentences or probation.

4. Adultery

Adultery can be a cause for divorce in the state under certain circumstances. First, adultery must include intercourse and not just flirting or kissing. If the adultery was forgiven by the other spouse it no longer carries its weight as a cause of divorce. It also loses its weight if both spouses have admitted to adultery.

5. Following a legal separation

A divorce may be granted following a court-ordered legal separation of a year or more.

6. Following a judgment of separation

If you can prove you and your spouse have lived apart for a year following a judgment of separation it can be considered grounds for divorce.

7. Irretrievable breakdown of the marriage for a period of six months

This ground is by far, the most common ground now used to file for divorce in NY. It avoids the need to plead or prove harsh facts against the other party, and minimizes conflict, making it much easier to obtain the cooperation of the other party. It also streamlines the case for the divorce itself and saves time and fees.

With so much at stake, it is critical those considering divorce in the Syracuse area seek the most competent, experienced, and focused family law attorney available. We invite you to have an initial consultation with Richard J. Bombardo of the Bombardo Law Office, PC. The Bombardo Law Office specializes in divorce and family law. Get the representation you deserve from Bombardo Law Office, contact us today.

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