Some people are under the mistaken impression that now that New York allows couples to file for no fault divorce, that is the only ground (or reason) for divorce.  However, that simply is not the case.  New York State did not “erase” the grounds that we had before no fault and replace them.  Instead, the New York legislature simply increased the options available and added another ground for divorce which is referred to as no fault.

A couple seeking to be divorced in New York can only be divorced by a New York Judge who grants them a Judgment of Divorce.  However, in order to be heard by the awarding judge, the couple must meet certain requirements such as residency and ground requirements.  A New York judge will consider a request for dissolution of a marriage if the couple can establish any one of seven grounds for divorce and, if they do, then the economic issues can then be considered and decided and a divorce can be granted.

The seven grounds can be summarized as follows:

(1) Cruel and inhuman treatment such that the treatment by the defendant endangers the mental or physical well being of the plaintiff

(2) Abandonment for one or more years

(3) Imprisonment of the defendant for a period of three or more consecutive years after marriage

(4) Adultery

(5) Living separate and apart pursuant to a judgment of separation

(6) Living separate and apart pursuant to a duly executed separation agreement

(7) Irretrievable breakdown in the marriage (also referred to as “no fault”)

So, simply, no-fault is not the only option.  If you or someone you know is in a marriage that isn’t working and their spouse will not “agree” to divorce, then the spouse who wants to end the marriage may still be able to seek a divorce through any one of the other 6 grounds for divorce.  In the alternative the couple may decide not to divorce at all and instead they can pursue a legal separation.

However, the interesting question is, now that we have no fault divorce, do we truly need the other grounds for divorce? What is your opinion?  Write your comments below.

Tags: divorce, litigated divorce, no fault