Currently, the grounds for divorce in New York include: (1) the cruel and inhuman treatment of the plaintiff by the defendant; (2) the abandonment of the plaintiff by the defendant for one year or more; (3) the confinement of the defendant to prison for three or more consecutive years after the marriage took place; (4) adultery (as defined by statute); or (5) the spouses have lived apart for one year or more pursuant to a legal separation. (Laws of New York, Article 10, Section 170) On July 1, 2010 New York became the last state in the nation to have its legislative branch pass a no fault divorce law. It will become law when signed by the New York governor.
While divorce may be common, when you go through it yourself, you still deserve dedicated, personal focus on your rights and unique situation. An experienced divorce lawyer can help you figure out the best way forward, explain the law, and represent you in court if it is ever necessary. Take the first step now and contact a local divorce attorney to discuss your divorce.