New York Legal Causes for Filing a Divorce Lawsuit

Adultery, or any sexual infidelity after marriage, is a recognized cause. Courts consider not only physical affairs but also acts that breach the marital duty of sexual exclusivity. This includes hidden communication with a third party, sneaking out under false pretenses, or using dating apps during marriage. Adultery must be proven with credible evidence, such as witness testimony, photographs, or digital records.

If one spouse subjects the other to physical violence, severe verbal abuse, or emotional torment, it constitutes grounds for divorce. This includes repeated assaults, psychological degradation, or threats from the spouse or their direct relatives such as in-laws. Courts evaluate whether the conduct endangers the mental or physical well-being of the petitioner.

Willful abandonment for one year or more allows a spouse to file for divorce. Examples include moving out and cutting off communication without justification, locking the partner out of the home, or ceasing all spousal duties without cause. Proof typically includes lease changes, mail redirects, or medical neglect despite shared responsibilities.

If the respondent has been incarcerated for three or more consecutive years after the marriage, the petitioner may seek divorce. This provision applies regardless of the nature of the crime, so long as the imprisonment term is met.

A valid separation agreement or court decree followed by one year of living apart qualifies as a divorce ground. Both parties must have substantially complied with the terms of the agreement during that time.

Introduced in 2010, this no-fault ground permits divorce if the relationship has been irretrievably broken for at least six months. It does not require misconduct. Common signs include chronic disagreement, lack of communication, financial hardship, or ongoing addiction. This cause is most often used in amicable or unilateral filings.

Evidence is crucial, especially for fault-based divorces. Admissible proof includes the following:

• For adultery: Photos, text records, location data, or witness statements
• For cruelty: Medical records, police reports, or affidavits
• For abandonment: Utility cutoff dates, relocation records
• For irretrievable breakdown: Documentation of therapy, financial disputes, or written communication showing breakdown
   

Courts will not grant divorce based solely on suspicion or emotion. Verifiable evidence increases the chances of favorable rulings on related issues like alimony or child custody.

New York follows an equitable distribution rule. Marital property is divided fairly—not necessarily equally—based on factors like each spouse’s contribution, income, and need. If children are involved, custody arrangements and child support must be resolved through agreement or court ruling.

Divorce is not merely a termination of a relationship; it affects financial security, parental rights, and emotional stability. Legal counsel ensures that claims are properly documented, arguments are strategically structured, and your rights are protected.