What Are The Grounds For Divorce In New York | SRIS, P.C.
What Are The Grounds For Divorce In New York?
Understanding what are the grounds for divorce in New York is the first step in ending a marriage. New York Domestic Relations Law (DRL) § 170 defines both fault-based and no-fault grounds. A no-fault divorce requires an irretrievable breakdown of the relationship for at least six months. Law Offices Of SRIS, P.C. provides experienced guidance on these legal requirements to help you proceed with clarity.
Legal Grounds for Divorce Under New York Law
New York law provides specific legal justifications, or grounds, for ending a marriage. The statute governing this is New York Domestic Relations Law (DRL) § 170. Since 2010, New York has recognized both traditional fault-based grounds and a modern no-fault ground. Choosing the correct ground is a strategic decision that can affect the timeline, cost, and potential outcomes of your case, particularly regarding issues like spousal support or property division.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Official Legal Resources
For the full text of the law, refer to New York Domestic Relations Law § 170 (official New York State Senate). For local court procedures and forms, visit the New York County Supreme Court website.
Understanding Your Options in New York County (Manhattan)
When considering what are the grounds for divorce in New York, you must decide between fault and no-fault. The no-fault ground—an irretrievable breakdown for six months—is often simpler but requires waiting. Fault grounds like cruel and inhuman treatment or adultery may be relevant if one spouse’s misconduct significantly impacted the marriage. In New York County Supreme Court, this choice can influence how a judge views related issues. For instance, proving a fault ground may affect decisions on spousal maintenance or the division of certain assets.
- Consult with an Attorney: Discuss the facts of your marriage to determine the most appropriate and strategic ground for divorce under DRL § 170.
- Gather Documentation: For fault-based grounds, collect any evidence such as communications, witness statements, or police reports that support your claim.
- File the Summons with Notice or Summons and Complaint: Initiate the divorce action in the correct county Supreme Court, specifying the chosen ground.
- Serve Your Spouse: Ensure proper legal service of the divorce papers is completed according to New York rules.
- Proceed with the Case: Follow the court’s process, which may include settlement conferences, discovery, and potentially a trial if the divorce is contested.
Grounds for Divorce in New York: A Summary
In New York, the grounds for divorce are defined by statute and include one no-fault option and six fault-based options, each with specific legal requirements that must be proven to the court.
| Ground for Divorce | Type | Key Legal Requirement | Strategic Consideration |
|---|---|---|---|
| Irretrievable Breakdown | No-Fault | Relationship broken for 6+ months | Most common; requires sworn statement. |
| Cruel and Inhuman Treatment | Fault | Conduct endangers physical/mental well-being | Requires specific evidence of misconduct. |
| Abandonment | Fault | One spouse left for 1+ year without consent | Must prove intent to abandon the marriage. |
| Imprisonment | Fault | Spouse imprisoned for 3+ consecutive years | Requires official documentation of sentence. |
| Adultery | Fault | Voluntary sexual intercourse outside marriage | Difficult to prove; requires clear evidence. |
| Living Apart Pursuant to a Decree/Separation Agreement | Fault/No-Fault | Live apart for 1+ year under a formal agreement | Based on a prior legal judgment or agreement. |
| Living Apart Pursuant to a Separation Judgment | Fault/No-Fault | Live apart for 1+ year after a separation judgment | Follows a prior court order for separation. |
Results may vary. Prior results do not aim for a similar outcome.
Firm Experience in New York Family Law
Founded in 1997, Law Offices Of SRIS, P.C. brings decades of combined experience to family law matters. Our firm-wide track record includes over 4,739 documented case results. We understand that determining what are the grounds for divorce in New York is more than a procedural step—it sets the tone for the entire legal process. Our approach focuses on applying the law strategically to protect your interests, whether through negotiation or litigation.
Case Results and Client Advocacy
SRIS actively practices in New York family courts. Firm-wide, we have handled 4,739+ documented case results with over 93% favorable outcomes. Our team works to achieve resolutions that align with our clients’ goals, from negotiating settlements to advocating in court.
Results may vary. Prior results do not aim for a similar outcome.
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Frequently Asked Questions: Grounds for Divorce in New York
What is the most common ground for divorce in New York?
Yes. The most common ground is “irretrievable breakdown,” the no-fault option. It requires a sworn statement that the relationship has broken down irretrievably for at least six months. This ground simplifies the process by not requiring proof of wrongdoing.
Can I get a divorce in New York if my spouse does not agree?
Yes. You can obtain a divorce in New York even if your spouse disagrees. Using the no-fault ground of irretrievable breakdown does not require your spouse’s consent on the reason for the divorce, though they can still contest other issues like custody, support, or property division.
How does choosing a fault ground affect my divorce?
It depends. Proving a fault ground like adultery or cruelty can make the process more adversarial, lengthy, and expensive due to the need for evidence. While New York uses equitable distribution regardless of fault, proving misconduct may influence a judge’s decisions on spousal maintenance or the distribution of certain assets. Discuss strategy with a What Are The Grounds For Divorce In New York Attorney.
What evidence do I need for a fault-based divorce?
Evidence varies by ground. For cruelty, you need documentation of behavior that endangered your physical or mental well-being (e.g., medical records, police reports, witness statements). For adultery, you need clear proof of voluntary sexual intercourse, which is often difficult to obtain. A What Are The Grounds For Divorce In New York Law Firm can advise on evidence requirements.
How long does a no-fault divorce take in New York?
An uncontested, no-fault divorce in New York typically takes 3 to 6 months from filing to final judgment. The mandatory six-month period for irretrievable breakdown must pass, and all paperwork must be properly filed and processed. Contested cases or those with complex issues take significantly longer.
What is the difference between separation and divorce in New York?
A legal separation (judgment of separation) is a court order that addresses issues like support and property while you remain legally married. It can later serve as a ground for divorce after one year. Divorce legally ends the marriage. Both require court action, but divorce provides the right to remarry.
Related Legal Information
If you are facing other legal challenges, our firm also provides representation in criminal defense and immigration matters in New York County. For more information on family law across New York, visit our New York family law hub page. We also assist clients in neighboring areas like Kings County (Brooklyn) and Queens County (Queens).
Page Last verified: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance on what are the grounds for divorce in New York.