New York and New Jersey Divorce Attorney

Staten Island — Richmond County

Divorce is the legal procedure where a Court of law acts to dissolve the marriage between a husband and a wife.

At the family and divorce Law Offices of Jay S. Baum our divorce law clients are not alone. Our firm provides caring and attentive advocacy through the divorce process, and our goal is to be accessible for communication, updates and assistance at all times.

Grounds for Divorce in New York

New York State currently recognizes six grounds for divorce - cruel and inhuman treatment; physical abandonment for at least one year; constructive abandonment (the willful denial of sexual relations) for at least one year; confinement to prison for at least three years; adultery; and being legally separated for at least one year (whether by a separation agreement or a Judgment of Separation from a Court). Irreconcilable differences is not a ground for divorce in New York State. It is also not necessary to become legally separated in order to get a divorce in New York State.

It does not matter which spouse gets the divorce or what grounds he or she uses to so do. In a similar fashion, it does not matter which spouse first starts a divorce action.

More often than not, grounds in a divorce proceeding are the easiest thing to resolve. When a marriage has reached the point in time where lawyers have been retained, one of the few things that the parties can agree upon is that there is going to be a divorce between them and grounds can be worked out.

The term "uncontested divorce" is often misunderstood. While a divorce might be uncontested in that both the husband and the wife agree that the marriage is over, if there is no agreement on the other issues - those dealing with any children and finances - then the divorce is not truly "uncontested."

There are times when a spouse might want to contest the divorce. The main reason for doing this would be to take advantage of a situation where the other spouse wants to get out of the marriage but lacks any grounds with which to so do. By contesting the divorce itself, pressure can be applied to the spouse who has no grounds to be more generous in terms of financial concessions then he or she would have to be if grounds for a divorce existed.


If you have questions regarding divorce and separation law, contact the Law Offices of Jay S. Baum. We are available for weekend and evening appointments, accept credit cards and are located in the heart of New Dorp opposite the New Dorp train station. To contact us, call 718-980-5200.