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	Grounds for Divorce in New York State In order to commence an action for divorce in New York State, a spouse has to be able to allege one of the statutory grounds for divorce. The current grounds for divorce in New York are: Irretrievable breakdown of the marriage. This is New York's no fault divorce. One party has to state that the marriage has irretrievably broken down for a period of six months. All financial issues and custody and visitation has to be settled before the divorce will be granted. The divorce action must be commenced on or after October 12, 2010, for irretrievable breakdown of the marriage to be used as the grounds for divorce. Abandonment for one or more years. This can include the actual act of one spouse leaving the other for a period of more than one year or the refusal of one spouse to have sexual relations with the other for more than one year (constructive abandonment). Under the grounds of constructive abandonment a spouse can be abandoned by the other even though they still reside in the same residence during the period of abandonment. The spouse who retains my services has to be the spouse who was abandoned by the other. I cannot commence a divorce action for the spouse who abandoned the other. Living separate and apart for one or more years pursuant to a written separation agreement. The divorce action can be commenced by either party after one year from the date the separation agreement was signed. A divorce action can also be brought if the parties have lived separate and apart for one or more years pursuant to a judicial decree of separation. In order to obtain a judicial decree of separation, a party has to commence a court action on one of the statutory grounds for separation, which are similar to the grounds for a divorce. Cruel and inhuman treatment. This requires a continuous course of conduct by one spouse against the other that so endangers the physical and mental well being of the other spouse as to make it improper for the spouses to live together. In order to obtain a divorce on the grounds of cruel and inhuman treatment there has to be a detailed list of the cruel and inhuman acts in the divorce documents. The acts of cruelty cannot be more than five years old. The allegations that are needed for the divorce action to be successful often make it difficult for the other spouse to consent to an uncontested divorce. Adultery. This is rarely used because even in an uncontested divorce action, there is a requirement that the testimony of an independent third party be submitted. Confinement in prison for three or more years. If one spouse is in prison for three or more years, the other spouse can commence a divorce action on that basis. The period of imprisonment has to commence after the date of the marriage.

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