New York Divorce Laws
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Grounds for divorce.
A divorce can be granted under New York laws for one of the two no-fault grounds:

(1) Living separate and apart for at least one year after receiving a decree or judgment of separation. The plaintiff must submit satisfactory proof that he or she has followed all the terms and conditions of the decree.

(2) Living separate and apart for one year under the terms of a written separation agreement, filed with the clerk of the county where either party resides. The plaintiff must submit satisfactory proof that he or she has substantially performed all the terms and conditions of the agreement.

The following fault-based grounds also exist under New York divorce laws:

(1) The cruel and inhuman treatment of the plaintiff by the defendant if the treatment endangers the physical or mental well being of the plaintiff, rendering it unsafe or improper for the plaintiff to cohabit with the defendant.

(2) The abandonment of the plaintiff by the defendant for a period of at least one year.

(3) The confinement of the defendant in prison for a period of three or more consecutive years after the parties' marriage.

(4) The commission of an act of adultery.

-From Section 170 of the New York Statutes.

 

Residency Laws.
A divorce can be granted under New York laws when:

1. The parties were married in New York and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or

2. The parties have resided in New York as husband and wife and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or

3. The cause occurred in New York and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or

4. The grounds for divorce occurred in New York, and both parties are New York residents at the time the divorce papers are filed, or

5. Either party has been a resident of New York for a continuous period of at least two years immediately before filing the divorce papers.

-From Section 230 of the New York Statutes.

 

Learn more about the general divorce procedure.

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Other pages on New York divorce laws:
General New York Divorce Laws
Alimony Divorce Laws in New York
New York Child Custody Laws
New York Child Support Laws
New York Laws on Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the New York statutes. You can find the full-text version of these and other New York divorce statutes online here: New York Divorce Laws.