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Grounds for Divorce in New York

In New York, couples who wish to file for divorce must have legal grounds that justify ending their marriage. These grounds attribute fault to either one or both parties for the dissolution of the marriage. Acceptable grounds for divorce in New York include:

  • Adultery
  • Cruel, abusive or inhumane treatment
  • Incarceration in jail or prison for at least three years
  • Physical abandonment for at least one year
  • Refusal to engage in "marital relations" for at least one year

If a couple does not meet any of these legal grounds, but they still wish to file for divorce, they can file for a legal separation instead. After living separately for at least one year, a couple is then free to file for divorce, even if the reason for filing for divorce is simply because they no longer like each other.

In addition, a couple must also meet state residency requirements. These residency requirements state that at least one of the spouses must have lived in the state of New York for at least one year.

If you are interested in filing for divorce in Nassau or Suffolk, a Long Island divorce lawyer at Meyers Law Group can ensure you meet all of the necessary legal requirements. Once it has been determined that you do have legal grounds to file for divorce, you can trust our firm to remain by your side at each stage of the divorce process, protecting your rights and advocating your best interests. We know that going through a divorce is a difficult experience, which is why we're here to help you get through it.

Please feel free to contact Meyers Law Group, PC if you're interested in scheduling a consultation to discuss your divorce.