Grounds for Divorce in the Domestic Relations Law Section for New York State
New York's domestic relations law (DRL), Section 170, sets forth the state's grounds for divorce. Until 2010, New York was the only remaining state that did not recognize no-fault divorce. The DRL was amended and New York now has seven grounds for divorce, both fault and no-fault.
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Abandonment
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DRL 170(2) states that if one spouse leaves the marital residence voluntarily, without planning to return and for a period of one year, he has abandoned his spouse.
New York also recognizes constructive abandonment, in which one spouse locks the other out of the marital residence or withholds sexual relations.
Adultery
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Adultery is when one spouse has a sexual relationship with someone other than her spouse. Under DRL 170(4), adultery is another ground for divorce.
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Imprisonment
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If one spouse has been confined in jail for at least three consecutive years, DRL 170(3) sets forth that the other spouse has grounds to file for divorce.
Abuse
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When a spouse suffers "cruel and inhuman treatment," or abuse, whether mental or physical, he can file for divorce under DRL 170(1).
Separation
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DRL 170(5) and (6) allows spouses to file for divorce if they have been living apart under a judgment of separation issued by a judge or a written separation agreement signed by both spouses.
No-Fault
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In October 2010, New York amended DRL 170 to permit no-fault divorce. DRL 170(7) states that if the spouses' marriage has suffered "irretrievable breakdown," continuing for six months, they can file for a divorce under no-fault grounds.
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References
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