LEGAL GROUNDS FOR DIVORCE: No-Fault: (1) living separate and apart for 1 year under the terms of a separation agreement, filed with the court(2) living separate and apart for 1 year under the terms of a judicial separation decree. General: (1) adultery; (2) abandonment for 1 year; (3) imprisonment for 3 or more consecutive years; and (4) cruel and inhuman treatment.
GROUNDS FOR LEGAL SEPARATION: The grounds for legal separation (separation from bed and board) in New York are: (1) adultery; (2) abandonment; (3) imprisonment for 3 or more consecutive years; (4) neglect of and failure to provide support for a wife; and (5) cruel and inhuman treatment. If only one spouse resides in New York at the time of filing the legal separation, the residency requirement is 2 years. However, the requirement is reduced to 1 year if: (1) the spouses were married in New York and either spouse is still a resident; or (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for legal separation arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the legal separation and the grounds for legal separation arose in New York.
SIMPLIFIED OR SPECIAL DIVORCE PROCEDURES: A summary divorce may be granted in New York if: (1) the spouses lived apart for 1 year according to the terms of a separation decree or a separation agreement; and (2) satisfactory proof is submitted to the court that the spouse seeking the divorce has substantially performed all the terms and conditions of the separation decree or separation agreement.
Most people use grounds in New York because they do not have a legal separation for one year.