The grounds for divorce in New York are: (1) Cruel & inhuman treatment; (2) the abandonment of the Plaintiff by the Defendant for a period of one or more years; (3) the confinement of the Defendant in prison for a period of three or more consecutive years after the marriage; (4) the commission of adultery voluntarily performed by the Defendant with a person other than the Plaintiff after the marriage; (5) living apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment; (6) living separate and apart pursuant to a written agreement of separation signed by the parties for a period of one or more years after the signing of the agreement; (7) the relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath.
Therefore, it is likely that most, if not all, future divorce actions will be brought under this ground, although all of the other remaining grounds are still available.(For a printable version, click here.) We are having serious marital problems. When a husband and wife face serious marital problems, they often have difficult legal questions that must be answered. The couple should first try to resolve their differences with the help of a neutral third party such as a minister or a marriage counselor. Lawyers are bound by the Rules of Professional Conduct which prohibit representing both sides in an adversarial — or potentially adversarial — situation.This brochure offers some suggestions and general rules of North Carolina law. If you are not able to resolve marital problems, CONSULT A LAWYER before you or your spouse leaves the marital home. Can we be separated and continue to live in the same house? In order to be separated, the husband and wife must reside at different residences.New York men’s divorce attorneys provide answers to frequently asked questions with regards to the divorce process and New York divorce laws.There are multiple grounds that can be alleged in New York in a divorce action.