DIVORCE
Grounds for Divorce
1. Adultery
2. Abandonment for at least a year
3. Imprisonment for at least three years
4. Cruel and inhuman treatment
5. One year of living apart under a separation agreement*
6. One year of living apart under a court issued separation decree*
7. Irretrievable breakdown of the marriage*
The asterisks indicate "no fault" grounds. New York's most recent "no fault" ground for divorce, Domestic Relations Law 170(7), was passed in 2010.
1. Adultery
2. Abandonment for at least a year
3. Imprisonment for at least three years
4. Cruel and inhuman treatment
5. One year of living apart under a separation agreement*
6. One year of living apart under a court issued separation decree*
7. Irretrievable breakdown of the marriage*
The asterisks indicate "no fault" grounds. New York's most recent "no fault" ground for divorce, Domestic Relations Law 170(7), was passed in 2010.
Uncontested
Both parties agree to the terms of the divorce and can finalize the details without needing to spend time in court.
Both parties agree to the terms of the divorce and can finalize the details without needing to spend time in court.
Contested
The parties disagree on aspects of the divorce and the court must step in.
The parties disagree on aspects of the divorce and the court must step in.
Maintenance
Also known as spousal support, can be awarded temporarily while the divorce is pending. Maintenance can also be awarded for a short time following divorce.
Also known as spousal support, can be awarded temporarily while the divorce is pending. Maintenance can also be awarded for a short time following divorce.
Equitable Distribution
The division of property and assets owned by the couple. This can be decided by the parties with the involvement of the court if necessary.
The division of property and assets owned by the couple. This can be decided by the parties with the involvement of the court if necessary.
