| New York State is not one of the states that | | | | other than the spouse. |
| allows a no-fault divorce. In other words, | | | | |
| to obtain a divorce in the state of New York, | | | | Abandonment: meaning the desertion of the |
| there must be proven grounds for the | | | | plaintiff by the defendant for one or more |
| dissolution. If the non-filing party has not | | | | years. Abandonment usually is physical, |
| committed any act that would constitute | | | | where one spouse moves out of marital |
| grounds for divorce, the person desiring the | | | | residence and literally deserts the family. |
| divorce will not be able to obtain it. | | | | There is also constructive abandonment also |
| | | | known as constructive sexual abandonment. |
| Some of the grounds for divorce in New York | | | | This ground is often used when both parties |
| are as follows: | | | | want to divorce as quickly as possible. |
| | | | |
| Incarceration: meaning the confinement of the | | | | Cruel and inhuman treatment: meaning conduct |
| defendant in prison for a period of three or | | | | by the non-filing party that endangers the |
| more consecutive years after the marriage. | | | | physical or mental well-being of the |
| | | | plaintiff to make it unsafe or inhabitable |
| Adultery: meaning the commission of a | | | | for the plaintiff to cohabit with the |
| voluntary act of sexual or deviant sexual | | | | defendant. |
| intercourse by the plaintiff with a person | | | | |