A dissolution of marriage action initiated by one spouse without the mutual consent or cooperation of the other is possible in New York. This process occurs when one party seeks to legally terminate the marital union, even if the other party does not wish to divorce or actively opposes the action. The legal framework in New York allows for divorce based on specific grounds, which can be invoked unilaterally by the petitioning spouse. For example, one spouse may file for divorce based on grounds such as adultery, abandonment, or cruel and inhuman treatment, regardless of the other spouse’s feelings on the matter.
The availability of this pathway is significant as it prevents one spouse from being indefinitely trapped in an unwanted or detrimental marriage. It acknowledges that circumstances may arise where the continuation of the marital relationship is untenable for one party, regardless of the other’s stance. Historically, accessing divorce was often difficult, requiring mutual consent or proof of significant wrongdoing. The evolution of divorce laws to include fault-based grounds, which can be proven by one party, provides a mechanism for individuals to exit marriages under defined circumstances, even without the agreement of their spouse.
