New York divorce law
New York only recognizes divorces based upon fault-based criteria, though the parties may agree to enter into a separation and have the separation agreement or judgment be the further basis for a divorce after one year. The parties may also agree to an uncontested divorce as long as one of the parties is willing to allege one of the fault based grounds or has the requisite separation agreement or judgment. The cause of action for divorce in New York state (accusations against the defendant by the plaintiff that are grounds for divorce) are limited to: One or more of these grounds for divorce must be used if one party to the marriage wants a divorce. The parties can also disagree over child support, custody, alimony, division of joint assets or who is going to pay legal fees. These are known as “ancillary relief” (see below) that are requested by one or both of the parties. All divorces, even by uncontested consent, must be a based on one of the six grounds stated above.
