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Reasons you may request a divorce in New York

When filing for divorce in New York, it's required that you state the grounds on which you're seeking to dissolve your marriage. You cannot mark down just any reason, but instead must choose one among seven different legally acceptable options that are allowable under Domestic Relations Law (DRL) §170.

Perhaps one of the most common reasons spouses request a divorce is because they deem their marriage to be irretrievably broken down. This option is commonly referred to as a no-fault divorce. In order to be eligible to file for a dissolution of your marriage under DRL § 170 (7), you must be able to prove that the breakdown in your relationship has lasted in excess of six continuous months.

Other grounds on which a husband or wife can file a divorce in New York include instances in which their spouse is alleged to have engaged in cruel or inhumane treatment against their partner. Similarly, it is also appropriate for a married person to request a divorce on the grounds that they were abandoned or imprisoned as well.

Aside from the popular no-fault divorce selection, many divorces are also requested on the grounds that one of the spouses committed adultery. In order to qualify for divorce under these circumstances, a husband or wife must be able to prove that their significant other committed this offense.

Couples that have have been living apart pursuant to a separation judgement, agreement, or decree also qualify to file for divorce. It's important to keep in mind though that, in order to qualify to divorce in New York, at least one of both of you must have been living in the state for a year or more prior to the divorce proceedings commencing.

If you're considering divorcing your spouse and you would like to better understand on which grounds you might qualify to do so, then a New York City divorce attorney can provide guidance in your legal matter.


Source: NY Court System, "Introduction to uncontested divorce instructions," accessed June 16, 2017

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