Domestic Relations Law 170.6

Using a separation agreement as grounds for divorce.

Pursuant to DRL 170.6, an action for divorce may be maintained by a spouse to procure a judgment divorcing the parties and dissolving the marriage when:

The husband and wife have lived separate and apart pursuant to a
written agreement of separation, subscribed by the parties thereto and
acknowledged or proved in the form required to entitle a deed to be
recorded, for a period of one or more years after the execution of such
agreement and satisfactory proof has been submitted by the plaintiff
that he or she has substantially performed all the terms and conditions
of such agreement. Such agreement shall be filed in the office of the
clerk of the county wherein either party resides. In lieu of filing such
agreement, either party to such agreement may file a memorandum of such
agreement, which memorandum shall be similarly subscribed and
acknowledged or proved as was the agreement of separation and shall
contain the following information: (a) the names and addresses of each
of the parties, (b) the date of marriage of the parties, (c) the date of
the agreement of separation and (d) the date of this subscription and
acknowledgment or proof of such agreement of separation.