DIVORCE
Four of the
seven “grounds” for divorce in New York are based on the fault of one of the
parties: cruel and inhuman treatment, constructive or actual abandonment for
one or more years, imprisonment for three or more years, and adultery. The
other three grounds: living apart for one or more years pursuant to either
a written separation agreement or a judgment of separation, and the most recent
and often used ground, is the irretrievable breakdown of the marriage for a
period in excess of six consecutive months are considered a “no-fault”
divorce - neither spouse is judged to be at fault. There is no defense to the last no-fault
ground for divorce of “irretrievable breakdown of the marriage.”
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