What are the grounds for divorce in New York State?
There are five grounds for a divorce: cruel and inhuman treatment, abandonment, imprisonment for more than three years, adultery and separation agreement. • Cruel and inhuman treatment occurs where the conduct of the spouse so endangers the physical or mental well being of the spouse as to render it unsafe or improper for the parties to continue to cohabit as husband and wife. Physical violence is not required. There can be verbal abuse/harassment, falsely accusing a spouse of an affair, telling the spouse that he or she no longer loves him or her or continuous intoxication. The major factor in determining whether conduct by a spouse is sufficiently cruel and inhuman is the length of the marriage. What might be sufficient in a short marriage such as arguing or name calling, may not be sufficient in a longer term marriage of ten or more years. • Abandonment occurs where the spouse voluntarily and without consent or justification leaves the other spouse with the intent of not returning a
