GROUNDS FOR DIVORCE: NO-FAULT or FAULT ?
NO Fault: In order to file for a divorce in New York State you must have a ground (a legally acceptable reason) for the granting of a divorce by the New York courts.
The NO FAULT grounds are either:
1. Irreconcilable Differences, Parties have been separated for over one year.
or 2. Irreconcilable Differences, Parties have not been separated for over one year but Petitioner states under oath that the marriage has broken down irreconcilably for six months.
The FAULT grounds for divorce, in New York are: (Must be proved)
(1) cruel and inhuman treatment;
(2) abandonment for one year, including when the Defendant refused to have sexual relations with the Plaintiff despite Plaintiff’s repeated requests to resume such relations.
(3) imprisonment for three years;
(5) living separate and apart for over one year pursuant to a separation judgment or decree with satisfactory proof of substantial performance of same.