Divorce Issues

What Are The Grounds For Divorce In New York

What are the grounds for divorce in New York”
Written by divorcelap

Divorce has never been easy. Zero knowledge of your state’s divorce will intense the situation for you. You married to live happily ever after but is divorce necessary or separation would work? Are you prepare for its post effects? We have all situations to help you reach a better decision.

Especially if you are living in New York, our article has all in one guide for you. Then, start your read and resolve all your queries.

What are the grounds for divorce in New York 

The divorce rate in New York has decreased from 1990 to 2019. In 1990, New York state divorce recorded 3.2 divorces per thousand residents; however, it declined by 0.3 divorces per thousand residents in 2019.

Residents believe that people are waiting longer for marriage. Can this reason be the only cause? Nope, what plays the main role is New York’s divorce laws

According to divorce law, there are limited grounds through which you can get a divorce in New York. Let us have a look at what are the grounds for divorce in New York.

  1. Irretrievable Breakdown: When both spouses agree that they can’t live together anymore. Not only their marriage is impossible to repair but they have lost any sort of emotional attachment. The judge will grant the divorce on the condition if the couple’s petition has passed more than 6 months.
  2. Abuse treatment: Either you are getting abuse mentally or physically, the judge will grant you a divorce. In case your spouse object, it will be of no use unless abuse happened 5 years ago.
  3. Abandonment: Break any sort of contact with you for 1 year. It includes if your spouse left you or kicked you out too.
  4. Spouse in jail: Imprisonment of your spouse for more than 3 years.
  5. Adultery: Adultery requires a witness to get a divorce. Plus, it should not be committed more than 5 years earlier. Other conditions have here that you neither have committed adultery nor forgive him for that.

Top 5 Reasons For divorce

The grounds for divorces are governed by New York Family law. Do these grounds can always be the reason for divorces? In a sense, yes but not wholly. 

The insider did a survey, here’s what divorce couple voted as the reason to get a divorce;

  1. Lack of Commitment:  Loss of attachment between the couple is the root for causing divorce. 75% of people said lack of commitment was the reason behind their divorce. Marriage is a lifetime commitment, and lacking in it tops the list. Surely, it’s not a surprise.
  2. Extramarital Affairs: As I stated, adultery is the grounds too. 59% of people found it the reason for their divorce. Cheating to your spouse is giving her trust issues. Trust, that one can’t gain back. Definitely, people would opt for divorce, and that’s how it should be.
  3. Communication Problem: 57.7% voted lack of understanding the reason for their divorce. Communication is a must to survive through this lifelong commitment of marriage. Without it arguing and conflict will lead a marriage to lose its spark.
  4. Marrying at a young age: 45.1 % think their marriage at immature age can be the reason. At the age of early ’20s, people haven’t gone through life’s intense up and down. Being immature, and following the feelings isn’t always right. You have to consider circumstances and every possibility before making such life-changing decisions.

Did I tell you? The decline in divorce rate was because people are waiting longer to marry. Clearly, it justifies the reason.

5. Financial Issues: ⅓ couples have conflicts due to money stress. It’s not a minor conflict but a conflict able to develop other problems too. 36.1% of people voted financial problem the reason for their divorce. Not everyone can stand by it.

Also Check: What happens If someone refuses to sign divorce papers

No-Fault Divorce States

A widely known term No-Fault divorce.The fastest way to get a divorce if both spouses agree on everything. In a no-fault divorce, people file a petition based on the ground: “irreconcilable difference” which is the same as “irretrievably broken”.

As soon as the couple resolves property distribution and child custody issues, the judge will grant the divorce.

 It is not limited to the ground for divorce in New York only but applicable in Wisconsin, Oregon, Washington, Nevada, Nebraska, Montana, Missouri, Minnesota, Michigan, Kentucky, Kansas, Iowa, Indiana, Hawaii, Florida, Colorado, and California too.

Also Check: How much was tiger Woods divorce?

Divorce in New York State

You know what your ground should be while filing for divorce in New York state. Now, all you have to do is start your divorce procedure.

Divorce in New York state follow through the following basic steps;

First, you have to file for the petition in your county’s court. Do send a copy of the petition or summon to your spouse. Later, your spouse will have 30 days to respond to the petition.

Either your spouse will agree fro divorce, or else you and your spouse have to go for a contested divorce. If your spouse agrees, then the judge will grant you a default divorce judgment.

If your spouse disagrees, court proceedings will take place. You have to prepare an agreement with your partner related to the distribution of property, assets, debt, and child custody. As soon as the divorce agreement is ready, you can get a divorce judgment.

The only requirement of New York divorce law is waiting period completion. Dont know what I mean by waiting period? Find your answer in the next paragraph.

How many years do you have to be separated to be legally divorced?

Want to get legally divorced? You don’t have to wait for years if you and your spouse agree.

To get a legal divorce in America, you have to initiate the process by filing a petition. After that, you and your spouse have to live separately for at least 6 months. The period you and your spouse have to be separated is known as the waiting period.

When the 6 months period elapses, divorce judgment will be granted. It is given, other issues and agreements must be settled.

Different states have different waiting periods that vary from 1 month to 6 months. Better you check your state’s waiting period and laws before applying for a divorce.

How to get a divorce with no money

Are you seeking for divorce method that will cost you no money? Usually, divorce in New York costs you around $335 (without attorney fees).

If you want to get a divorce with no money, the uncontested divorce is your option. Apart from an uncontested divorce, you have to do all attorney work by yourself.

The first step, submit the petition. Download online divorce forms with fee waiver forms.

Fill your forms with the help of a guidebook and submit the proof of income, assets, debts, and taxes. These proofs are the requirement for the fee waiver form.

Later, the judge will call a hearing and ask you questions. Either your fee will be waived, or it will defer so you can pay it later.

The rest of the procedure will be smooth. No need to worry as uncontested divorces don’t need court proceedings. 

Reasons not to get a divorce

Are you confused after reading the grounds and reasons for divorce? Are you rethinking your decision? Let me clear your worry by mentioning reasons not to get a divorce.

Do you have kids? The first effect is your children will get hurt. Loss of family will surely drain them emotionally, mentally, and physically.

Another effect, getting you emotionally exhausted with all the divorce chaos. Not only will you lose your confidence but will need great strength to get up again.

Custody, and support conflicts with unlimited court trials. You have to pay attorney fees, and court proceedings will disturb your daily life too.

You may face financial issues if your job isn’t stable. Plus division of property and asset will lose their value, and both spouses have to invest everything from the start.


Whatever decision you take, we wish the best for you. You know yourself and your circumstances best.

Our article “What are the grounds for divorce in New York” can deliver information only. You are going to face all the hurdles, so make sure that you are ready for it.

If divorce is your decision, choose the suitable ground and make your divorce journey a bit easier.

Give it your best, and everything is going to be fine.





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