JURISDICTION - To get a divorce in New York you must fall within the jurisdiction the Court

You resided in NY for 2 years

Your spouse resided in NY for 2 years

You were married in NY and you have resided in New York for one year

You were married in NY and your spouse has resided in New York for one year

You having resided in NY as husband and wife and you have lived here for 1 year

You having resided in NY as husband and wife and your spouse has lived here for 1 year

The grounds upon which the divorce grounds are founded occurred in NY and either you or your spouse has resided in NY for 1 year

The grounds occurred in NY and both parties presently reside in NY

GROUNDS FOR DIVORCE - Just wanting to divorce is not enough. To get a divorce in New York you must establish facts that meet the requirements of New York law (NOTE: Irreconcilable differences is not a ground for divorce in New York). Grounds in New York are:

            Abandonment for one or more years -

Physical abandonment means that your spouse has left without justification or your consent and has not offered in good faith to return.

Constructive abandonment, an abandonment for the purposes of establishing grounds for divorce, means that your spouse has refused to have sexual relations without a physical or mental reason for doing so.

Adultery within the past five years without your forgiveness

This ground for divorce is seldom used. Even if your spouse agrees not to contest your divorce action, proof of adultery will be difficult. You will need witnesses as your testimony alone is not legally sufficient against your spouse. Adultery is usually shown by circumstantial evidence and that the spouse had the opportunity, inclination, and intention to engage in sex with another. Courts will generally not grant divorces where there are mutual acts of adultery.

Having sexual relations with your spouse after the discovery of the adultery is interpreted as forgiveness (legally "condonation").

Cruel and Inhuman Treatment

Physical or mental cruelty that has had such a serious effect on your physical or mental health that it is unsafe or unwise to continue the marriage. Cruel and inhuman treatment can involve either physical or mental abuse. If your marriage is long-term, you will have to provide more examples of such treatment than if you have been married a short time.

Imprisonment for three or more years

You cannot bring this action until your spouse has actually served three or more years in prison.

Confinement in a mental institution

Separation Agreement

Provided that you have lived apart for a year after signing your separation agreement and pursuant to the terms of such agreement, you will be able to sue for divorce based on this "no-fault" ground. (Proof of filing of the Agreement must be submitted when the divorce is filed)

Separation Decree (a court judgment)

Provided that you have lived apart for a year pursuant to the terms of  Judgment of Separation you may secure a divorce  based upon that fact alone. In order to obtain the Judgment of Separation, you must establish a ground for divorce. Grounds are the fault grounds listed above, except that abandonment may be for less than a year.

Keith, Shapiro & Ford - Garden City, New York (516)222-0200 
Offices in Nassau and Queens Counties