The grounds for a Judgment of Separation are very similar to those for divorce, except there is no provision for “no-fault” separation. The plaintiff seeking the separation must allege one of the following grounds:

• Cruel and inhuman treatment by defendant that endangers the physical or mental well-being of the complaining spouse to such an extent that it would be unsafe or improper for the spouses to live together;
• Abandonment of the complaining spouse by the other spouse without cause or consent;
• Neglect or refusal to provide for the support of the complaining spouse where the defending spouse is responsible for such support under the Family Court Act;
• Adultery within five years of starting the lawsuit for a Judgment of Separation. Adultery must be without the consent of the complaining spouse;
• Confinement of the defending spouse in prison for three or more consecutive years after the marriage began.

A judge may make the same orders in a Judgment of Separation with regard to spousal support, child support, child custody, child visitation, etc. that the judge could make in a divorce decree.