Irreconcilable differences are NOT GROUNDS FOR DIVORCE IN NEW YORK.  In order to obtain a divorce in New York, you must have one of the following grounds:

• Abandonment - your spouse has unjustifiably left you and has been continuously absent for more than one year;

• Lockout - your spouse has forced you out of the marital residence for more than one year;

• Constructive Abandonment - your spouse has refused to have sexual intercourse with you for more than one year despite your repeated requests and is physically able to have sexual intercourse;

• Cruel and inhuman treatment - your spouse has engaged in acts which render it unsafe or improper for you to continue living together;

• Confinement - you spouse has been confined to prison for three continuous years after the marriage took place;

• Adultery - your spouse has had sexual intercourse with another person.  In order to prove this, you must have a corroborating witness or physical evidence, very difficult to prove, usually not used in uncontested divorce;

• Legal separation for more than one year - this requires either a properly executed separation agreement filed with the County Clerk, or a Judgment of Separation.