What Are The Most Common Grounds For Divorce?

How Can a Nassau County Divorce Lawyer Help You?

In the United States alone, 42% – 45% of all first marriages end in divorce. This number increases to 60% in second marriages, and 73% in third marriages. With the number of marriages that end in divorce on the rise, it’s not difficult to understand why many people want to know the most common grounds for divorce. With Simonetti  & Associates, our Nassau County divorce lawyer can walk you through the most common grounds for divorce as well as describe what each one entails.        

No-Fault/Irretrievable Breakdown

One of the most common grounds for divorce in New York is known as no-fault/irretrievable breakdown. This ground for divorce is relevant when the relationship between you and your spouse has broken down to irretrievable levels for at least six months.


In the eyes of the court, abandonment takes place when your spouse has not been present for at least a year. It can take place as a result of them leaving willingly or you kicking them out. This applies when your spouse has shown no signs of a return after an entire year of being absent.


If your spouse cheats on you, adultery can be a valid grounds for divorce. However, our Nassau County divorce lawyer warns that if any of the following takes place, adultery can no longer be used when filing for divorce:

  • You had encouraged your spouse to commit adultery.
  • You have sexual relations with your spouse as a form of forgiveness.
  • You commit adultery as an act of revenge against your spouse. 
  • You wait more than five years to file for divorce after the act of adultery has been discovered.

Cruel And Inhumane Treatment

Cruel and inhumane treatment can be filed for when living with your spouse puts your physical and emotional health at risk. However, this needs to be done before five years since the last incident of abuse goes by.

Separation Agreement

If you’d like to become separated from your spouse, but are unsure if a divorce is how the situation should be handled, a separation agreement can be signed. To be valid, an “Agreement of Separation” must be signed by both you and your spouse before a notary, and all the specific rules of this agreement need to be followed. If a year goes by and all of the conditions have been adhered to, the “Agreement of Separation” can be used as grounds for divorce.     

Simonetti & Associates – Nassau County Divorce Lawyer

At Simonetti & Associates, our firm has been serving Long Island for over 30 years.  We’ve helped countless clients get through the difficulties divorce can bring, and we want to do the same for you. If you believed you’ve lived through one of the common grounds for divorce, be sure to contact our Nassau County divorce lawyer today. We’ll be able to build a winning case to help you achieve the favorable outcome you’re looking for.  

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