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Grounds on which you can pursue divorce in New York

The grounds to get a divorce vary by state and New York is no exception. In order to be eligible to file for divorce in New York, either you or your spouse must have been a resident for at least two years or have lived continuously for an entire year in the state prior to the divorce action being taken. Having been married in or lived with your spouse in New York also qualifies as well.

There are a number of grounds on which an individual can file for divorce in New York, as prescribed under Domestic Relations Law §170. These many factors include cruel and inhuman treatment, abandonment, imprisonment and adultery. Additionally, living separately and apart pursuant to either a separation, judgment, decree or agreement is also a valid reason.

Furthermore, the all-too-common ‘irretrievably broken’ option is also one of the many grounds upon which you can file for divorce in New York as well in what is commonly known as a “no-fault divorce”. In this case, the couple must have been married for at least six months.

Getting a divorce is a complicated process. Although you can in theory go through a divorce process on your own, it may prove to be an ill-advised decision, especially in cases in which you are required to provide documentation supporting the ground on which you are seeking a divorce.

The advice and counsel of an experienced divorce attorney, can help prevent you from being among the statistics of divorce horror stories of people thinking they can handle their divorce themselves. A New York divorce attorney can advise you as your responsibilities and how to best protect your interests and rights in your case.

Source: NYCourts.gov, “Grounds for divorce,” accessed Jan. 20, 2017

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

Although this will impact the in office and in person services that LIT can provide, we will still be working remotely from our homes to serve our existing clients and we will continue to serve the public on a remote basis with any new legal matters for which they may need assistance.

We as a nation have overcome great obstacles in the past and although the challenges that lie ahead of us as community, as a state, and as a nation are great, we will overcome them as our resilience as individuals, as a community and as a nation will allow us to prevail.

May all of you and your loved ones be safe and well .

Larkin, Ingrassia & Tepermayster, LLP


Should you have any questions please feel free to contact us at 845-566-5345

For more information regarding the COVID-19 virus please visit any of the following sites:

Centers for Disease Control and Prevention

NYS Department of Health

Orange County Dept. of Health

Ulster County Dept. of Health

For information and updates regarding court postponements or closings please visit:

NYS Unified Court System

9th Judicial District

3rd Judicial District