What are the grounds for divorce?
Four of the “grounds” in this state are based on the fault of one of the parties:
(1) cruel and inhuman treatment;
(2) abandonment for one or more years;
(3) imprisonment for three or more years; and
The other (“no fault”) grounds are:
(1) one year of living apart under a separation agreement;
(2) one year of living apart under a separation decree granted by a court;
(3) an irretrievable breakdown of the marriage for a period of at least six months, provided that one spouse has so stated under oath.
These “no fault” grounds afford New Yorkers a basis to get a “no-fault” divorce, in which neither spouse is judged to be at fault. Unquestionably, the “no fault” laws will provide a disincentive for people who wish to challenge the basis for the divorce.