Divorcing in New York is not Simple

New York State is not one of the states that allows a
no-fault divorce. In other words, to obtain a divorce in
the state of New York, there must be proven grounds for the
dissolution. If the non-filing party has not committed any
act that would constitute grounds for divorce, the person
desiring the divorce will not be able to obtain it.

Some of the grounds for divorce in New York are as follows:

Incarceration: meaning the confinement of the defendant in
prison for a period of three or more consecutive years
after the marriage.

Adultery: meaning the commission of a voluntary act of
sexual or deviant sexual intercourse by the plaintiff with
a person other than the spouse.

Abandonment: meaning the desertion of the plaintiff by the
defendant for one or more years. Abandonment usually is
physical, where one spouse moves out of marital residence
and literally deserts the family. There is also
constructive abandonment also known as constructive sexual
abandonment. This ground is often used when both parties
want to divorce as quickly as possible.

Cruel and inhuman treatment: meaning conduct by the
non-filing party that endangers the physical or mental
well-being of the plaintiff to make it unsafe or
inhabitable for the plaintiff to cohabit with the defendant.

New York State is a state that encourages marriage. They
make it very difficult to obtain a divorce unless both
parties want the divorce. Just to the north in
Connecticut, they allow no-fault divorces. In Connecticut,
the two parties typically sign a stipulation stating that
irreconcilable differences have led to the irretrievable
breakdown of their marriage. They simply wait out a short
time period, and are able to obtain the dissolution of
marriage. Quite a contrast to the laws in the state of New
York, which is a border state to Connecticut. In New York,
if one of the parties who does not want to divorce has done
absolutely nothing to provide grounds for the divorce, the
person wanting the divorce will not be able to obtain it.
The majority of states are not like New York and that they
do allow for no-fault divorce. The legislature and the
state congresses are geared towards doing the will of the
people. The people of the United States have shown that
they do not want to be held into a marriage against their
will. The court system also does not want to be bogged
down in hearings and contested issues regarding fault.
That is why the majority of states in the United States are
in fact no-fault states. New York, however, is not one of
those states and there must be fault for sufficient grounds
to obtain a successful dissolution action.

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