Reasons For Divorce In New York State | SRIS, P.C.
What Are the Legal Reasons For Divorce In New York State?
Understanding the specific Reasons For Divorce In New York State is the first step in ending a marriage. New York law, primarily under the Domestic Relations Law (DRL), provides both no-fault and fault-based grounds. The Law Offices Of SRIS, P.C. provides experienced guidance through this process, from filing in the New York County Supreme Court to final judgment.
Statutory Grounds for Divorce in New York
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
The legal Reasons For Divorce In New York State are codified in New York Domestic Relations Law (DRL) § 170. Since 2010, New York has offered a no-fault option alongside traditional fault-based grounds. The no-fault ground requires that the relationship has broken down irretrievably for a period of six months or more. Fault-based grounds include cruel and inhuman treatment, abandonment, imprisonment, adultery, and living apart pursuant to a separation agreement or decree. Founded in 1997 by former prosecutor Mr. Sris, our firm leverages deep knowledge of these statutes to build effective cases.
Official Legal Resources
For the official text of the law, refer to New York Domestic Relations Law § 170 on the New York State Legislature website. For court-specific forms and procedures, visit the New York County Supreme Court website.
handling Divorce Procedures in New York County
In New York County (Manhattan), all divorce actions are filed in the Supreme Court. A key procedural fact is that New York requires a 6-month period of irretrievable breakdown or a signed separation agreement for a no-fault divorce. The court also imposes automatic restraining orders under DRL § 236 upon filing, which freeze marital assets and prohibit changes to insurance. For fault-based cases, gathering and presenting evidence is critical.
- Consult with an attorney to determine the most appropriate ground for divorce based on your circumstances.
- File a Summons with Notice or Summons and Complaint with the County Clerk, purchasing an index number ($335 fee).
- Serve the divorce papers on your spouse according to New York’s strict service rules.
- File a Request for Judicial Intervention (RJI) with the court ($95 fee) to assign a judge.
- Proceed through mandatory settlement conferences, discovery, and, if necessary, trial.
Legal Standards and Potential Outcomes
In New York State, divorce can lead to equitable distribution of marital property, maintenance (alimony) calculated by statutory formula, and child support based on a percentage of combined parental income.
| Ground for Divorce | Legal Classification | Key Requirement/Standard | Typical Timeline Factor |
|---|---|---|---|
| Irretrievable Breakdown (No-Fault) | No-Fault | Relationship broken down for 6+ months | 3-6 months (uncontested) |
| Cruel and Inhuman Treatment | Fault-Based | Conduct endangers physical/mental well-being | Contested, adds to timeline |
| Abandonment | Fault-Based | Willful desertion for one year or more | Requires proof of intent |
| Adultery | Fault-Based | Requires clear and convincing evidence | Often difficult to prove |
| Imprisonment | Fault-Based | Spouse imprisoned for 3+ consecutive years | Requires certified documentation |
Results may vary. Prior results do not aim for a similar outcome.
Firm Experience in New York Family Law
Law Offices Of SRIS, P.C. was founded in 1997. With a combined attorney experience of over 120 years and more than 4,739 documented case results firm-wide, we bring substantial resources to complex family law matters. Our approach is grounded in a deep understanding of New York’s equitable distribution and maintenance statutes.
Case Results and Client Advocacy
SRIS actively practices in New York family courts. Firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes. Our team understands how to effectively present evidence for the various Reasons For Divorce In New York State, whether pursuing a no-fault dissolution or proving fault-based grounds.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our New York Family Law Attorneys
Our New York location serves clients at New York County (Manhattan) courts, accessible via FDR Drive, West Side Highway, and all subway lines. We serve Manhattan communities including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood.
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FAQs: Reasons For Divorce In New York State
What is the most common reason for divorce filed in New York?
Yes. Since its introduction, “irretrievable breakdown” has become the most commonly cited reason. It is a no-fault ground requiring that the marital relationship has broken down for at least six months, avoiding the need to prove fault or assign blame between spouses.
Can I get a divorce in New York if my spouse does not agree?
Yes. You can obtain a contested divorce in New York even without your spouse’s agreement. You would proceed by proving one of the grounds in DRL § 170, such as irretrievable breakdown or a fault-based reason. The process involves litigation but can result in a judgment of divorce.
How long do I have to be separated to get a divorce in New York?
It depends on the ground used. For a no-fault divorce based on irretrievable breakdown, there is no mandated pre-filing separation period, but the relationship must have been broken for six months. For a divorce based on a separation agreement, you must live apart pursuant to a written agreement for one year.
What evidence is needed for a fault-based divorce like cruelty?
Substantial evidence is required. For cruel and inhuman treatment, you need documentation such as medical records, police reports, photographs, witness statements, or detailed personal testimony showing conduct that endangers your physical or mental well-being to the extent it becomes unsafe to continue cohabitation.
Does the reason for divorce affect alimony or property division?
It can. While New York’s equitable distribution law focuses on fairness, a spouse’s marital misconduct (like adultery or cruelty) can be considered by the court when determining maintenance (alimony) and the distribution of marital property, potentially influencing the final outcome.
Related Legal Information
For more on divorce procedures, see our New York Family Law overview. If you are in a neighboring area, consider our pages for Kings County (Brooklyn) and Queens County. For other legal needs in Manhattan, see our criminal defense and immigration pages.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.