What are the grounds for divorce?

There are currently 7 grounds for divorce in New York. Most recently, the Legislature enacted a “no-fault” ground for divorce, which requires that the relationship between you and your spouse has been broken down irretrievably for a period of at least 6 months.

(Domestic Relations Law § 170 [7]).

In general terms, the other grounds for divorce are:
– [1] cruel and inhuman treatment;
– [2] abandonment of one spouse by the other for a period of at least 1 year;
– [3] confinement of your spouse in prison for at least 3 consecutive years after your marriage;
– [4] adultery;
– [5] you and your spouse have lived apart pursuant to a decree or judgment of
separation for at least 1 year;
– [6] you and your spouse have lived apart pursuant to a written separation agreement for at least 1 year. (Domestic Relations Law § 170)

Posted in: DIVORCE FAQ