Domestic Relations Law Section 170 dictates the grounds a couple may assert in order to obtain a divorce within New York State. Acceptable reasons include:

1. Cruel and inhuman treatment of the party seeking the divorce which is so physically or emotionally unsafe for that party that it is unsafe or improper for the parties to continue cohabitating.

2. Abandonment of the filing party for a period of one or more years.

3. Imprisonment of the non-filing party for a period of three or more consecutive years after the parties were married.

4. Adultery voluntarily performed by the non-filing party. Notably adultery requires a certain level of sexual contact defined under the law.

5. Living apart pursuant to a decree or judgment of separation for a period of a year or more after the granting of the decree or judgment, so long as the individual filing for divorce submits proof that they have substantially performed the terms within the decree or judgment.

6. Living apart pursuant to a separation agreement so long as the agreement is written, has been subscribed by the parties, and appropriately acknowledged a year or more before filing and the filing party submits proof that they have substantially performed the terms of the agreement. The agreement should be filed with the county clerk of either county in which a party resides but, instead of filing the agreement, a party may file an appropriately subscribed memorandum which sets forth:

   • the names and addresses of the parties,

   • the date of marriage,

   • the date on the separation agreement, and

   • the date of the subscription of the memorandum and acknowledgement or proof of such agreement of separation.

7. Irretrievable breakdown of marriage for a period of at least six months, as stated by a party under oath. This means that you and your spouse have not been able to get along for at least six months and the discord is unlikely to change. Prior to the court granting a divorce under this section, the parties must resolve economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts’ fees and expenses as well as the custody and visitation with the children of the marriage. This section is also known as a no-fault divorce.