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Unlike other states, which permit divorces based on irreconcilable differences, New York state’s Domestic Relations Law requires one of the following grounds for a divorce.

1. Cruel and inhuman treatment: Your spouse treated you in a cruel and inhuman manner and endangered your physical and/or emotional well-being.
2. Abandonment: Your spouse left without your consent or for any discernable reason and stayed away for more than one year.
3. Constructive abandonment: Your spouse refused to have sexual relations with you for more than one year and had no physical or mental reason to do so.
4. Confinement: Your spouse was confined to prison after the marriage and has remained incarcerated for more than three years.
5. Adultery: Your spouse had sexual intercourse with another person during your marriage. You are generally required to provide the name of the person with whom your spouse had sexual intercourse and the dates and location it occurred.
6. Conversion of a judgment of separation: You and your spouse have lived apart for more than one year after the granting of a judgment of separation.

Which ground is typically used for uncontested divorces in New York?

Abandonment and constructive abandonment are the grounds most often used for uncontested divorces in New York. These are the least offensive grounds and are most likely to encourage your spouse to agree to the divorce. Conversely, allegations of cruelty or adultery are inherently offensive and may motivate your spouse to contest your divorce.

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Contact an experienced Long Island, N.Y., divorce lawyer at the law firm of Leeds Morelli & Brown. We serve clients in the New York City metropolitan area, including midtown Manhattan, Nassau County and Suffolk County. Call us at 1-800-585-4685 or 516-873-9550 to speak to an experienced Long Island Divorce Lawyer.