What are grounds for divorce in New York
When you pursue a divorce in New York, you must state a legally recognized ground for ending the marriage. The New York Domestic Relations Law (DRL) Section 170 sets out both fault-based and no-fault grounds, and the ground you choose can affect the divorce process, the timeline, and sometimes the financial outcome. Mr. Sris and the firm’s Of Counsel attorneys at Law Offices Of SRIS, P.C. help clients throughout New York evaluate which ground fits their situation and work to move the matter forward efficiently. To request a consultation about your circumstances, reach the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
New York Divorce Grounds Under DRL §170
New York law provides seven grounds for divorce, divided into fault-based reasons and a no-fault option. The no‑fault ground was added in 2010 and is often simpler to use when both spouses agree that the marriage is over. The fault‑based grounds require a specific showing of wrongdoing, and they may be relevant if one spouse wants to influence property division or spousal maintenance. The seven grounds are listed in New York Domestic Relations Law §170.
No‑Fault Ground: Irretrievable Breakdown
The most commonly used ground is that the marriage has broken down irretrievably for a period of at least six months. To obtain a divorce on this ground, the court must be satisfied that the relationship is beyond repair. A divorce under this ground can be granted even if the other spouse contests it, so long as the court finds that the marriage is in fact irretrievably broken. This no‑fault option often streamlines the proceeding because neither party needs to prove the other did something wrong.
Fault‑Based Grounds
New York also recognizes several fault‑based grounds that can be used if the facts support them:
- Cruel and inhuman treatment. The conduct must endanger the physical or mental well‑being of the spouse and make it unsafe or improper for the spouses to cohabitate. The standard is fact‑specific, and courts look at the totality of the circumstances.
- Abandonment. One spouse leaves the other without consent or justification and remains away for one year or more. The separation must be voluntary on the part of the abandoning spouse and without the consent of the other spouse.
- Imprisonment. If a spouse is sentenced to imprisonment for three or more consecutive years, the other spouse may seek a divorce. The action must be started while the imprisoned spouse is still serving the sentence, though there is a limited time after release during which a divorce can still be obtained under this ground.
- Adultery. An extramarital affair can serve as a ground for divorce. Because proving adultery often requires corroboration beyond the testimony of the accusing spouse, this ground can involve additional evidentiary work. It is sometimes used when a spouse wants to highlight marital misconduct during the proceedings.
- Living separate and apart under a separation agreement. If the spouses have signed a written separation agreement and have lived apart for at least one year, a divorce may be granted. The agreement must be valid and in substantial compliance with its terms.
- Living separate and apart under a separation decree or judgment. A divorce may also be obtained after the parties have lived apart for at least one year following a judgment of separation issued by a court.
How Grounds Affect a New York Divorce
The ground you choose can influence the tone of the proceeding, the length of time the case takes, and in some situations the financial arrangements. In a no‑fault proceeding, the court generally does not weigh marital fault when dividing property or setting spousal maintenance. If a fault ground is alleged and proved, fault can sometimes be considered as one factor among several, though it is not the primary driver of financial outcomes. A New York court focuses mostly on equitable distribution factors and the statutory guidelines for maintenance. Mr. Sris and the firm’s Of Counsel attorneys help clients weigh whether a fault‑based ground is worth pursuing in light of their overall goals.
Speak With a New York Divorce Attorney
Choosing the right ground is a strategic decision. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is admitted in New York and four other states and has concentrated his practice on family law matters since 1997. A former prosecutor, he brings trial experience to divorce litigation and negotiation. The firm’s Of Counsel attorneys bring extensive combined legal experience to the table. Together they help clients evaluate the practical and legal implications of each ground in New York. To request a consultation, call (888) 437-7747. Results may vary.
Frequently Asked Questions
What is the most common ground for divorce in New York?
The most common ground in New York is the no‑fault ground of irretrievable breakdown for at least six months. This ground does not require either spouse to prove the other did anything wrong, and it allows the divorce to move forward even if one spouse contests it, so long as the court finds the marriage is broken. Because it is typically less contentious, it is used in the vast majority of divorce filings in the state. For help with a no‑fault divorce, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I use adultery as a ground for divorce in New York?
Yes, adultery is one of the fault‑based grounds recognized under DRL §170. To succeed on an adultery ground, you must present corroborating evidence beyond your own testimony. This can make the proceeding more involved. The firm’s New York location represents clients who wish to explore fault‑based grounds; call (888) 437-7747 to discuss your situation.
How long do I have to live apart before I can file for a no‑fault divorce?
Under the no‑fault ground, there is no requirement that the spouses live apart before filing. The only requirement is that the marriage must have been irretrievably broken for at least six months. The spouses can live under the same roof during that time if necessary, though living together may raise questions about whether the marriage is truly broken. For guidance on your specific circumstances, contact Law Offices Of SRIS, P.C.
What does “cruel and inhuman treatment” mean in New York divorce law?
It refers to conduct that endangers the physical or mental well‑being of the other spouse and makes cohabitation unsafe or improper. The standard is objective and fact‑intensive. Verbal abuse, physical violence, or a pattern of controlling behavior may qualify. Because the statute does not list specific acts, a judge looks at the whole picture. Consulting an experienced family law attorney can clarify whether your facts meet the legal threshold. Call (888) 437-7747 to speak with Mr. Sris and the firm’s Of Counsel attorneys.
If I have a separation agreement, how long until I can divorce?
If you have a signed, valid separation agreement and have lived apart for at least one year, you can file for divorce using the separation‑agreement ground. The agreement must resolve issues such as property division and support. You do not need to prove fault under this ground. For help drafting or reviewing a separation agreement, reach the firm at (888) 437-7747.
Can a spouse file for divorce while the other is in prison?
Yes, DRL §170 allows a divorce if the spouse has been sentenced to imprisonment for three or more consecutive years. The action must typically be started while the spouse is incarcerated, though a limited post‑release window exists. This ground does not require proving fault beyond the imprisonment itself. To discuss how this ground might apply, contact Law Offices Of SRIS, P.C.
Does New York require a legal separation before divorce?
No, New York does not require a legal separation before filing for divorce. The state provides a no‑fault ground that can be used immediately as long as the irretrievable breakdown has lasted six months. A separation agreement or decree is an alternative path, not a prerequisite. For further details, reach our New York location at (888) 437-7747.
Will the ground I choose affect child custody or support?
Generally, the ground for divorce does not directly affect custody or child support decisions. New York courts determine custody based on the best interests of the child, and child support follows a statutory formula based on income. However, conduct that forms the basis of a fault ground—such as cruelty or abuse—could inform a custody determination if it affected the child. To understand how your circumstances might matter, consult an experienced family law attorney.
Do I need a lawyer to decide which ground to use in New York?
You are not legally required to hire a lawyer, but a knowledgeable attorney can help you choose the most appropriate ground based on your goals and the facts of your case. The ground can affect timing, strategy, and potential financial outcomes. Mr. Sris and the firm’s Of Counsel attorneys help clients throughout New York evaluate their options. To request a consultation, call (888) 437-7747.
How do I start a divorce in New York on the no‑fault ground?
You start by filing a Summons with Notice or a Summons and Verified Complaint in the Supreme Court of the county where either spouse lives. The pleading must state that the marriage is irretrievably broken for at least six months. After service of process and any required disclosure, the court can schedule a hearing or enter a judgment based on the papers if the matter is uncontested. For assistance with the process, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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