What are the grounds for divorce in New York?

What the Law Says

New York is a 'no-fault' divorce state but still maintains specific statutory grounds. The Domestic Relations Law (DRL) lists all legally sufficient reasons to obtain a divorce.

New York law permits divorce only upon proof of one or more of seven grounds set forth in Domestic Relations Law § 170. These include both no-fault and fault-based options. The most commonly used ground today is 'irretrievable breakdown' — a no-fault option requiring the marriage to have broken down for at least six months.

Other grounds require factual proof: 'cruel and inhuman treatment' means conduct that endangers physical or mental well-being; 'abandonment' means living apart without consent for at least one year; 'imprisonment' requires incarceration for three or more consecutive years after marriage; 'adultery' must be proven with corroborating evidence; and 'judgment of separation' or 'separation agreement' require living apart for at least one year under court order or written agreement.

Importantly, New York does not recognize 'irreconcilable differences' or 'incompatibility' as standalone grounds — only the seven listed in DRL § 170 are valid.

Statutory Text

The grounds for divorce in the state of New York are: 1. The cruel and inhuman treatment of the plaintiff by the defendant, where such conduct endangers the physical or mental well-being of the plaintiff...

— Domestic Relations Law § 170(1) — Grounds for divorce

Statutory Text

2. The abandonment of the plaintiff by the defendant for a period of one or more years...

— Domestic Relations Law § 170(2) — Grounds for divorce

Statutory Text

3. The confinement of the defendant in prison for a period of three or more consecutive years after the marriage...

— Domestic Relations Law § 170(3) — Grounds for divorce

Statutory Text

4. The commission of adultery by the defendant...

— Domestic Relations Law § 170(4) — Grounds for divorce

Statutory Text

5. The parties have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment...

— Domestic Relations Law § 170(5) — Grounds for divorce

Statutory Text

6. The parties have lived apart pursuant to a written agreement of separation, subscribed by the parties thereto and acknowledged or proved in the manner required to entitle a deed to be recorded, for a period of one or more years after the making thereof...

— Domestic Relations Law § 170(6) — Grounds for divorce

Statutory Text

7. The relationship between husband and wife has broken down irretrievably for a period of at least six months...

— Domestic Relations Law § 170(7) — Grounds for divorce

Sources