Question #35: I would like to know the grounds for divorce in NY state. I am looking to get divorced but my wife states that irreconcilable differences is not grounds for divorce in NY. She and I have been separated for 6 weeks now. I want a divorce but not on the grounds of abandonment or adultery. Since I have not committed either one. she tells me these are the only two we can file divorce under

New York State requires specific grounds in order to grant a divorce. These grounds are expressly stated in section 170 of the Domestic Relations Law of New York State and include the following six:
1) cruel and inhuman treatment
2) abandonment
3) confinement in prison
4) adultery
5) living apart pursuant to a decree or judgment of separation for a period of 1 year or more
6) living separate and apart pursuant to a written agreement of separation for a period of 1 or more years
These are the only grounds upon which a divorce in New York State will be granted. Judges are generally understanding if both parties are in agreement or there is some egregious conduct on the part of either party. These six grounds are further defined in the statute and I strongly suggest that you contact Divorce Solutions at 212-370-1669 for a more precise understanding of this matter.

Leonard Weiner, Esq./Divorce Solutions