You must have “grounds” or legal reasons in order to obtain a divorce in New York. New York State law provides several grounds for obtaining a divorce. They are:
- Cruel and Inhuman Treatment
- Abandonment (for 1 year or more)
- Imprisonment of one party for 3 years or more
- “No Fault Divorce” which provides two grounds:
- Living separate and apart pursuant to a Separation Agreement or Judgment for 1 year or more
- An irretrievable breakdown of the marriage for a period of 6 months or more
The most common divorce ground is the irretrievable breakdown of the marriage for a period of 6 months or more. However, choosing a legal ground to obtain a divorce is dependent on the specific facts of your case and should be discussed with your attorney.