What Are Grounds for Divorce in New York?
New York recognizes seven grounds for divorce under Domestic Relations Law § 170. Six require proof related to a spouse’s conduct or a prior legal step, and one, the no-fault ground, requires only a sworn statement that the marriage has broken down irretrievably for at least six months. The six fault-based and status-based grounds are: cruel and inhuman treatment that endangers the plaintiff’s physical or mental well-being; abandonment of the plaintiff by the defendant for one year or more; confinement of the defendant in prison for three or more consecutive years after the marriage; adultery, defined by cross-reference to specific conduct in the Penal Law; living apart for six months or more under a court-ordered separation judgment, with proof the terms were substantially performed; and living apart for six months or more under a written, acknowledged separation agreement, with the same proof of substantial performance. The seventh ground, under Domestic Relations Law § 170(7), is the no-fault ground, which requires only that one spouse swear the marriage has broken down irretrievably for at least six months, though a judgment cannot be entered on this ground until all of the case’s economic and custody issues are resolved. Call (888) 437-7747 to request a consultation about which ground fits a specific situation.
Understanding the Seven Grounds in Detail
Domestic Relations Law § 170 opens by stating that an action for divorce may be maintained “on any of the following grounds,” and then lists the seven grounds in order. The first three grounds, cruelty, abandonment, and imprisonment, focus on a specific kind of conduct or circumstance involving the defendant spouse. The fourth ground, adultery, carries its own statutory definition tied to the Penal Law, covering specific sexual conduct voluntarily engaged in with someone other than the plaintiff after the marriage. The fifth and sixth grounds both involve living apart for six months or more, but they differ in the legal document behind the separation: the fifth ground requires a decree or judgment of separation already entered by a court, while the sixth ground requires a written separation agreement signed and acknowledged by the spouses, or a memorandum of it filed with the county clerk; both require proof that the separation’s terms were substantially performed. The seventh ground, commonly described as “no-fault” though the statute itself never uses that phrase, requires only a sworn statement that the marriage has broken down irretrievably for at least six months, but it comes with a proviso: no judgment can be granted under this ground until the case’s equitable distribution, spousal support, child support, counsel and expert fees, and custody and visitation issues are resolved by agreement or court determination. Choosing among these seven grounds, or combining the no-fault ground with a resolved settlement, depends on the specific facts of a marriage and what a spouse can readily prove.
Frequently Asked Questions
How many grounds for divorce does New York recognize?
New York recognizes seven grounds for divorce under Domestic Relations Law § 170: cruel and inhuman treatment, abandonment, imprisonment, adultery, living apart under a separation judgment, living apart under a separation agreement, and the no-fault ground of irretrievable breakdown.
What is the no-fault divorce ground?
The no-fault ground, Domestic Relations Law § 170(7), allows a divorce where the marriage has broken down irretrievably for at least six months, based on one spouse’s sworn statement, without proving fault. A judgment cannot be entered under this ground until the case’s economic and custody issues are resolved.
What counts as abandonment under New York divorce law?
Abandonment as a divorce ground under Domestic Relations Law § 170(2) means the defendant spouse abandoned the plaintiff for a continuous period of one year or more before the divorce action was filed.
How is cruelty defined as a divorce ground?
Cruel and inhuman treatment, under Domestic Relations Law § 170(1), refers to conduct by the defendant that endangers the plaintiff’s physical or mental well-being to the point that it becomes unsafe or improper for the plaintiff to continue living with the defendant.
Does adultery have a specific legal definition for divorce purposes?
Yes. Domestic Relations Law § 170(4) defines adultery for divorce purposes by cross-reference to specific conduct described in the Penal Law, covering certain sexual contact voluntarily engaged in by the defendant with someone other than the plaintiff after the marriage.
What is the difference between the separation-judgment ground and the separation-agreement ground?
The fifth ground under Domestic Relations Law § 170(5) requires the spouses to have lived apart for six months or more under a court-ordered decree or judgment of separation, while the sixth ground under § 170(6) requires a written, signed, and acknowledged separation agreement, or a filed memorandum of one, covering the same six-month period. Both require proof of substantial performance.
Can a spouse in prison be divorced under New York law?
Yes. Domestic Relations Law § 170(3) allows a divorce where the defendant has been confined in prison for three or more consecutive years after the marriage took place.
Does New York require a waiting period before filing for divorce?
Several of the seven grounds, including the no-fault ground and both separation-based grounds, require the spouses to have already lived apart for at least six months before a divorce can be granted on that ground; the specific requirements depend on which ground is being used.
Can a divorce be granted immediately once the no-fault ground is met?
No. Even after the six-month irretrievable-breakdown requirement is met under Domestic Relations Law § 170(7), the statute requires that equitable distribution, spousal support, child support, counsel and expert fees, and custody and visitation all be resolved, by agreement or court determination, before a judgment can be entered.
Which ground for divorce is most common in New York?
The no-fault ground under Domestic Relations Law § 170(7) is the most commonly used ground, largely because it does not require proving fault, only a sworn statement of irretrievable breakdown for at least six months, combined with resolution of the case’s ancillary issues.
Attorney Background
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys help spouses across New York evaluate which of the seven Domestic Relations Law § 170 grounds fits their situation, whether that means the no-fault ground paired with a resolved settlement or one of the fault-based or separation-based grounds. The firm’s Of Counsel attorneys contract directly with the firm and prepare the pleadings and proof each ground requires. The firm does not offer free consultations. Spouses can request a scheduled consultation to review which ground applies to their case, and can reach the 24/7 phone intake line at (888) 437-7747.
Related Pages
- Uncontested Divorce Lawyer New York
- Divorce Lawyer New York
- Separation Agreement Lawyer New York
- What Is the Difference Between Legal Separation and Divorce in New York
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