In New York, there are seven grounds, or actions, for divorce. This means that in order for a divorce to be procured, one partner must maintain at least one of the following reasons:
- The relationship between spouses has broken down irretrievably for a period of at least six months. A divorce will only be granted on these grounds if there has been prior, equitable settlement of economic and child related issues, including financial support, division of assets and payments.
- Cruel and inhuman treatment causing physical or mental damage making cohabitation dangerous or unsuitable.
- Abandonment for at least one year.
- Imprisonment for at least three consecutive years during the marriage.
- Adultery, which is defined as any voluntary act of sexual intercourse.
- Separation according to decree or judgment for one or more years.
- Separation according to agreement of separation for one or more years.
Grounds 6 and 7 are quite similar and require a bit of explanation. In short, if you and your spouse have lived apart according to an agreement or order of separation for at least one year, and if you can prove that you all parts of the agreement have been met, then a divorce may be granted.
However, 6 and 7 differ because a decree or judgment of separation will come from a judge. On the other hand, an agreement of separation will be made between the two parties themselves. Filing for divorce when there is a separation agreement may only require that a memorandum of the agreement be filed with the Office of the County Clerk. This memorandum needs to include the names of the parties involved, the date of the marriage, the date of the agreement of separation and the acknowledgement that such an agreement exists.
If you need to discuss the specifics of your divorce with an experienced New York divorce lawyer, contact the Law Offices of Stacy Sabatini, Esq. Located in New City, NY, by filling out our online form or calling (845) 243-0295 today.