In 2010, New York became the final state in the country to provide its residents with a no-fault grounds for divorce. Prior to the change of law divorcing parties had to choose a fault ground to include in their proceedings, just to finalize the process. This was true even if the parties were pursuing an uncontested divorce and both desired to end their marriage.
However, now married people who satisfy the state's residency requirements may live separate and apart from their partners for a year and then pursue divorces without alleging fault. Those who wish to use grounds of fault may still do so, and the remainder of this post will discuss those options.
A married person in New York may base their divorce on allegations of adultery. Readers who wish to better understand how the state's code defines adultery for the purposes of a divorce may wish to consult with their family law attorneys for such information.
Additionally, incarceration may serve as a means to a fault-based divorce. A person's spouse must be imprisoned for at least three years before that individual may seek to end their legal relationship based on this factor.
A person whose spouse has abandoned them for at least a year may choose to use abandonment as the basis for their divorce. Also, cruel and inhumane treatment by one spouse against the other may serve as a means to end a marriage if pursued by the recipient of the harm.
Marriages end for many reasons, and in New York residents may use fault and no-fault grounds to bring their relationships to their ends. Consultation with divorce attorneys is recommended for individuals who are unsure of how to frame their divorces, as this post is not intended to be used as legal advice.