By: | Did You Know? , Divorce 101

If you don’t want to use no-fault, in order to get a divorce you must state legally recognized “grounds” for divorce in your papers, even if both you and your spouse want the divorce. Premier Paralegal can help you get divorce using ONLY the following grounds:

1. Abandonment (actual, constructive or sexual)
2. Living apart pursuant to a written separation agreement
3. Cruel and inhuman treatment.

Other grounds for divorce such as adultery and confinement to prison are available for you to use if you wish. However, Premier Paralegal cannot help you get divorced using those grounds.


Although adultery is also a valid ground for divorce, it is rarely used as the adultery must be proven by the sworn testimony of an independent witness. Even admission by the adulterer or their lover is not sufficient proof to get a divorce on the basis of adultery. Instances of adultery in New York are more commonly cited as an example of cruel and inhuman treatment (although courts will rarely consider an isolated incident of adultery to constitute cruelty grounds.) Although imprisonment is also a ground for divorce, the imprisonment must have begun after the marriage and must have lasted on for at least three years.

Premier Paralegal cannot assist you with a divorce on the grounds of Imprisonment or Adultery, though where these exist other grounds (for which Premier Paralegal is able to prepare divorce documents) will often apply. You should consult with an attorney first if you grounds are complex or unusual. After you consult with an attorney, it may be appropriate for you to utilize the services of PREMIER PARALEGAL.