Marriage is a civil contract which can only be dissolved by divorce or annulment granted by a Court. In New York State, the Supreme Court is used to obtain a divorce, annulment or judgment of separation. You are required to have and prove "grounds" (good reason) to file for divorce against your spouse.

New York State recognizes the following as "grounds" for divorce. New York State does not allow "irreconcilable differences" or "incompatibility" as valid reasons for divorce.

1. Cruel and inhuman treatment of one party by the other

2. Abandonment for 1 or more years

3. Imprisonment for 3 or more years

4. Adultery

5. Living separate and apart for 1 or more years under a written separation agreement or judgment of separation previously granted by Court

A divorce may also settle issues regarding custody of children; child support; maintenance; division of assets including retirement plans or 401K, bank accounts, marital residence, household furnishings, among other issues that need to be agreed upon or divided.

Contrary to what some people believe, there is not a "no-fault" divorce in New York State. However, the bonds of matrimony, where there are no grounds for divorce as stated above, can be dissolved on the grounds of living separate and apart for one year pursuant to a filed formal separation agreement or judgment of separation.

A separation agreement may be negotiated with the assistance of a separate matrimonial attorney for each party. It is a legal, binding contract wherein the parties agree to live separate from each other for the rest of their lives. It may set forth terms regarding custody of children; child support; maintenance; division of assets including retirement plans or 401K, bank accounts, marital residence, household furnishings, among other issues that need to be agreed upon or divided. The signed agreement is then filed with the County Clerk's Office where either spouse lives. Additionally, after one year has passed, either party may sue the other for divorce on the grounds of living separate and apart pursuant to a separation agreement.

Spouses can also be legally separated through a judgment of separation granted by the Court. One year after filing a judgment of separation a party in full compliance with the judgment terms may sue the other for divorce on the grounds of living separate and apart pursuant to a judgment of separation.

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The above information provides a very brief synopsis of the divorce and separation and will undoubtedly leave many questions unanswered. This information is not meant to be a substitute for receiving advice from an attorney. As with any legal matter, an attorney should be consulted.

Our office offers a free 1/2 hour consultation where you can meet with an attorney to thoroughly discuss your personal situation.