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New York: Grounds for Divorce in New York
Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.
Grounds for Filing: The Complaint for Divorce must declare the appropriate New York grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:
(1) The cruel and inhuman treatment .
(2) Abandonment for 1 year or more.
(3) Imprisonment for 3 years or more.
(4) Adultery
(5) Living separate and apart for 1 year or more.
(6) Irretrievable breakdown in relationship for a least six months.
(Consolidated Laws of New York - Domestic Relations Laws - Volume 8 - Sections: 170 and Article 10, Section 170, and Article 13, Section 230)
Copyright Notice: The above synopsis of New York grounds for divorce is original material which is owned an copyrighted by Divorce Source, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited. Violation of this notice will result in immediate legal action.
If you do not fall under any of the above mentioned grounds for divorce or dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in effect in order to help prevent rash decisions to terminate a marriage.
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