Divorcing in New York is not Simple

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