White Plains NY Divorce and Family Law Attorney

Married couples may divorce for a variety of reasons, and the State of New York offers wide latitude as to factors that provide the basis for initiating divorce proceedings for New York residents. At least one of the spouses must have lived in New York State for at least one year before they can pursue a divorce here.

A spouse can file for a no-fault divorce if they think their marriage has been “irretrievably broken” for at least the past six months.

As that term is relatively vague, it is frequently cited as the cause for the divorce petition, since it does not require as much proof as other grounds for divorce, noted here below. For example, if you decide you want to divorce because you think you and your spouse have simply, yet permanently, grown apart and that situation cannot be rectified.

Among other specific legal grounds for a New York divorce:

* Cruel and Inhuman Treatment, which includes issues of domestic violence and abuse

* Abandonment: one spouse has abandoned the other for one full year or more, taking such action as leaving the marital home without any intention of returning.

* Adultery: one spouse must show that the other spouse has committed adultery, and these grounds require evidence presented by a third-party witness.

* Incarceration: you can use imprisonment as grounds for divorce if your spouse is jailed for three or more consecutive years.

* Separation Agreement: The spouses have not lived together for at least one full year and have a legally executed and legally binding Agreement of Separation.

Each of the noted grounds for divorce comes with many accompanying details, and the specifics of each case will of course vary. If you are contemplating filing for divorce, you want to work with an attorney highly skilled and vastly experienced in handling divorces based on all categories of legal grounds.

I offer my clients 24 years of attorney experience in Litigated Divorce, Collaborative Divorce and  Divorce Mediation and Family Law and I look forward to helping you soon.

Please contact my office by calling 914 821 5200 or by completing and submitting my online Contact Form.

Free Initial 15 Minute Phone or Video Consult

Convenient Downtown White Plains Office Location


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