What are grounds for divorce in New York

New York law provides several recognized grounds for divorce, allowing spouses to end a marriage without proving fault or, in certain circumstances, based on misconduct. The most commonly used ground is the no‑fault irretrievable breakdown of the marriage for a period of at least six months, codified at New York Domestic Relations Law § 170(7). Fault‑based grounds—including adultery, cruel and inhuman treatment, abandonment for one or more years, and imprisonment of a spouse for three or more consecutive years—are also available. Mr. Sris and his Of Counsel represent clients in divorce actions throughout New York, from the New York City boroughs to Long Island, the Hudson Valley, and upstate communities. To discuss the grounds applicable to your situation and begin moving forward, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Grounds for Divorce Under New York Law

New York’s divorce statutes, primarily Article 13 of the Domestic Relations Law, set out both no‑fault and fault‑based grounds. The no‑fault provision, DRL § 170(7), permits a divorce when “the relationship between husband and wife has broken down irretrievably for a period of at least six months.” Before a judgment can be entered on this ground, the court must also resolve all ancillary issues—equitable distribution of marital property, spousal maintenance, child custody and support, and any other financial matters.

The fault‑based grounds remain part of the statute and may influence certain aspects of a case, such as a maintenance award or a parent’s fitness in a custody dispute, but a plaintiff is never required to prove fault to obtain a divorce. The statutory fault grounds under DRL § 170 are:

• Adultery – The spouse has engaged in a voluntary sexual relationship with someone other than the plaintiff during the marriage. New York courts require corroborating evidence beyond the plaintiff’s own testimony.
• Abandonment – The spouse has unjustifiably left the marital home or otherwise refused to fulfill marital obligations for a continuous period of one year or more.
• Imprisonment – The spouse has been convicted of a crime and is incarcerated for three or more consecutive years after the marriage began.
• Cruel and inhuman treatment – The spouse’s conduct so endangers the physical or mental well‑being of the plaintiff that it is unsafe or improper for the parties to continue living together.

Spouses may also convert a separation agreement or a judgment of separation into a divorce under DRL § 170(6) after living apart for one year. Mr. Sris and his Of Counsel evaluate which ground best fits the facts of each case, keeping the client’s long‑term goals in mind. Because every matter is unique, it is important to obtain individualized advice before filing.

How Mr. Sris and His Of Counsel Handle Divorce Grounds Cases

Mr. Sris and his Of Counsel begin by reviewing the circumstances of the marriage with the client, discussing the available grounds, and explaining the procedural steps that follow. The initial filing—a Summons with Notice or a Summons and Complaint—is served on the other spouse. If there are issues of child custody, support, or temporary maintenance, the firm works to settle those matters early, often through negotiation or motion practice.

Throughout a divorce, the goal is to resolve matters as efficiently as the facts allow while protecting the client’s interests in property division, maintenance, and parental rights. If a negotiated resolution is not possible, the attorneys are prepared to litigate the contested issues at trial. The firm’s experience with multi‑state family law matters gives clients practical insight into how New York courts handle equitable distribution under DRL § 236 and how the statutory formulas for temporary and post‑divorce maintenance affect financial outcomes. Results may vary.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has concentrated his practice on family law, criminal defense, and related civil litigation since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris maintains a limited caseload so that he can provide careful attention to the legal and personal dimensions of each divorce matter. The firm’s Of Counsel attorneys bring extensive combined legal experience. Mr. Sris and his Of Counsel appear in New York Supreme Courts across the state, including those in New York County, Kings County, Queens County, Nassau County, and other jurisdictions. To speak with Mr. Sris or a member of the team, call (888) 437‑7747.

Frequently Asked Questions

What is the no‑fault ground for divorce in New York?

The no‑fault ground in New York is the irretrievable breakdown of the marriage for a period of at least six months, as set out in DRL § 170(7). A divorce under this ground does not require either spouse to prove misconduct. Before a judgment can be entered, however, the court must resolve all ancillary financial and parenting issues. The six‑month period is measured from the date the court determines the breakdown began, not necessarily from the date of filing.

What are the fault‑based grounds for divorce in New York?

New York recognizes four fault‑based grounds: adultery, cruel and inhuman treatment, abandonment for at least one year, and imprisonment for three or more consecutive years. These grounds are stated in DRL § 170(1) through (4). Proving a fault ground may require evidence beyond the plaintiff’s testimony, particularly in adultery cases where corroboration is expected. A court considers the ground alleged only as one factor among many when deciding ancillary relief.

Can I get a divorce if my spouse does not agree?

Yes, a spouse may obtain a divorce in New York even if the other spouse does not consent, provided one of the statutory grounds is established. The no‑fault irretrievable breakdown ground does not require the other spouse’s agreement, and a fault‑based ground may be proven without the spouse’s cooperation. If the defendant fails to appear or respond, the plaintiff can seek a default judgment after proper service and compliance with court procedures.

Do I need to prove fault to get a divorce in New York?

No, proof of fault is not required because New York’s no‑fault divorce ground is available and widely used. A spouse may simply assert that the marriage has irretrievably broken down for at least six months and need not allege any wrongdoing. Fault grounds remain an option for parties who wish to raise them, but they are not a prerequisite for the dissolution of the marriage.

How does the court divide property in a New York divorce?

New York courts apply equitable distribution, meaning marital property is divided fairly—though not necessarily equally—based on a set of statutory factors listed in DRL § 236(B)(5)(d). The court first classifies assets as marital or separate. Separate property generally includes assets owned before the marriage or received as a gift or inheritance. The remainder is marital property, subject to distribution after considering factors such as the marriage’s duration, each spouse’s income, contributions as homemaker, and the tax consequences of division.

How do I start the divorce process in New York?

The divorce process in New York typically begins with the filing of a Summons with Notice or a Summons and Complaint in the Supreme Court of the county where either spouse resides. The filing party must meet New York’s residency requirement—either the plaintiff or defendant must have lived in the state continuously for at least one year immediately before the action is started. After filing and service, the defendant has a limited time to respond. For guidance tailored to your circumstances, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

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