One party wants to divorce, and the other does not, is there a way to get a divorce other than by default?
under Section 170 of the New York Domestic Relations Law, there were six grounds for divorce, which, if proved, are sufficient to grant they judgment of divorce to either spouse. These grounds include 1) cruel and inhuman treatment; 2) abandonment; 3) confinement in prison; 4) adultery; 5) living apart for a period of one year or more pursuant to an equation or judgment of separation; 6) living apart for a period of one year or more pursuant to a written separation Agreement duly acknowledged.
These are the grounds upon which either spouse in New York may be granted a divorce. There are specific requirements under each ground for it to be applicable. Now, NY has a No-Fault provision as well.
If you are in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter in greater detail.
Leonard M. Weiner, Esq./Divorce Solutions