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The grounds for divorce in New York are: (1) Cruel & inhuman treatment; (2) the abandonment of the Plaintiff by the Defendant for a period of one or more years; (3) the confinement of the Defendant in prison for a period of three or more consecutive years after the marriage; (4) the commission of adultery voluntarily performed by the Defendant with a person other than the Plaintiff after the marriage; (5) living apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment; (6) living separate and apart pursuant to a written agreement of separation signed by the parties for a period of one or more years after the signing of the agreement; (7) the relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath.
There is no way to provide an answer to this question until you are actually involved in the case and have a better idea of the issues that exist and remain to be resolved. Whether this can happen in your case depends on how amicably you and your spouse can work with each other and whether you both have similar thoughts on how things are going to be resolved.
I think the real question in most cases is “Can I afford to not get a divorce?
” With New York now becoming the last state in the country to enact No-Fault divorce, divorces are pretty routine and will likely be granted in most cases, if not all.
However, in October of 2010 New York State became the last state to finally enact a No-Fault divorce ground.
Therefore, it is likely that most, if not all, future divorce actions will be brought under this ground, although all of the other remaining grounds are still available.
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The court has discretion to adjust the presumptive award if the court determines the award to be unjust or inappropriate.