Grounds for Divorce New York

Cruel and Inhuman Treatment | Abandonment | Imprisonment | Adultery | Separation Agreement

New York has the most conservative divorce law in the United States. The 49 other states in the United States have true no-fault grounds for divorce. New York is the only state that has no true no fault divorce ground. Many of the states allow the parties to get divorced based on a ground such as irreconcilable differences. New York State does not recognize this as a ground for divorce.

Grounds for Divorce in New York are:

  1. Cruel and Inhuman Treatment – this breaks down into either physical cruelty or mental cruelty. Mental cruelty requires a course of conduct likely to have physical manifestations and physical affects upon the innocent spouse. (New York Domestic Relations Law, Section 170.1)
  2. Abandonment for a continuous period of one year or more, the abandonment can be physically moving out of the residence for a period of one year or refusing sexual relations with the spouse for one year or more under circumstances that the abandoning party did not suffer any mental, physical or psychological infirmity that might prevent him or her from conjugal relations with his/her spouse. (New York Domestic Relations Law, Section 170.2)
  3. Imprisonment for a period in excess of three years after the marriage takes place. (New York Domestic Relations Law Section 170.3)
  4. Adultery – (New York Domestic Relations Law Section 170.4)
  5. Entering into a valid appropriated executed Separation Agreement and complying with its terms for a period of one year or more. (New York Domestic Relations Law Section 170.5)

About the Firm – The Law Office of Elliot S. Schlissel

Founded in 1978, the Law Office of Elliot S. Schlissel has provided thousands of clients throughout the NYC metropolitan area with outstanding legal representation.

To virtually any situation, the Law Office of Elliot S. Schlissel can bring attorneys with talent and experience to our clients’ needs. We represent our clients in courts and other forums throughout Nassau County, Queens County, Suffolk County, Kings County, New York County, Richmond County, Bronx County, Westchester County & Rockland County.

We Take On the Tough Cases – And Win

The Law Office of Elliot S. Schlissel often focus’ on unusual and difficult cases. Our experience with complex family issues sets us apart from other firms that handle matrimonial law cases. We are members of the Matrimonial and Family Law committees of the Nassau County Bar Association, the Queens County Bar Association and the New York State Bar Association.

Contact an Experienced NY Fathers’ Right Attorney

Contact us, any time, day or night, at 1-800-344-6431, or in Queens, Kings, Richmond and the Bronx at 718-350-2802. In Nassau County or Suffolk County you can reach us at 516-561-6645.

We have offices in Lynbrook and Queens and we represent individuals throughout the NYC metropolitan area, including NYC’s five boroughs – The Bronx, Brooklyn, Manhattan, Queens, and Staten Island, NY.

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