Many New York residents are unclear about what it takes to qualify for divorce.  Putting residency requirements aside and before you get into property dispute issues, there exists a hurdle that must be met under New York law.  This is to say that you need a legally acceptable reason to terminate a marriage.  New York is not a state that accepts Irreconcilable Differences in its Domestic Relations Law.  This has caused a great deal of controversy and has garnered much attention over the years.  A March 31, 2009 article in the New York Daily News by Jose Martinez touched on how this has caused New York couples unnecessary aggravation (http://www.nydailynews.com/ny_local/state_of_shame/2009/04/01/2009-04-01_how_albany_is_divorced_from_real_world_n.html).

Domestic Relations Law in New York provides the acceptable divorce grounds to be:

1) cruel and inhuman treatment

2) abandonment for a period of 1 year or longer

3) imprisonment for a 3 year period subsequent to the date of marriage

4) adultery

5) conversion of a judgment of separation

6) conversion of a separation agreement after 1 year

Please note that New York now allows a no-fault divorce under DRL  section 170(7).

Not sure if you fall into one of these categories?  Call the Law Firm of Vaughn, Weber & Prakope, PLLC today at (516) 858 – 2620!

Please visit our Family Law and Divorce categories to learn more about Family Law and Divorce issues.