What are grounds for divorce in New York

In New York, a spouse seeking to end a marriage must state a legally recognized ground. The grounds for divorce are set out in New York Domestic Relations Law (DRL) § 170. The most common ground today is the no‑fault “irretrievable breakdown” of the marriage for at least six months, but the statute also preserves several fault‑based grounds. Understanding which ground applies—or which ground you should plead—shapes everything from the timeline of the case to the financial issues the court will address. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys regularly guide clients through this threshold decision. If you are considering a divorce anywhere in New York State, an experienced family law attorney can help you evaluate your situation. To request a consultation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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New York No‑Fault Divorce: Irretrievable Breakdown

Since 2010, New York has allowed a pure no‑fault divorce. Under DRL § 170(6), a divorce may be granted when “the relationship between husband and wife has broken down irretrievably for a period of at least six months.” One spouse’s statement that the marriage is irretrievably broken is sufficient. The other spouse cannot block the divorce by refusing to agree; the court will grant the divorce even if the defendant disputes that the breakdown occurred. However, the court must first resolve all ancillary issues—equitable distribution of marital property, spousal maintenance (alimony), child custody, and child support—before entering the final judgment. The six‑month period is measured from the commencement of the action, not from any physical separation. The spouses may continue to live together during that time. The no‑fault ground is often the most efficient way to proceed because it avoids the need to prove marital misconduct, which can lengthen the litigation and increase the emotional toll on the family.

Fault‑Based Grounds for Divorce Under New York Law

New York’s fault‑based grounds remain available and can be strategically important in certain cases—for example, when fault is relevant to a claim for a larger share of marital assets or a different maintenance award. DRL § 170 lists the following fault grounds:

Cruel and inhuman treatment. One spouse’s conduct must have endangered the physical or mental well‑being of the other spouse, making it unsafe or improper for the parties to continue living together. The standard is measured objectively; the treatment must rise above ordinary marital discord.

Abandonment. A spouse has left the other without consent and without justification for a continuous period of at least one year. Constructive abandonment may also be found if one spouse refuses to engage in marital relations without justification.

Imprisonment. A spouse has been incarcerated after a criminal conviction for three or more consecutive years. The divorce action must be commenced while the imprisoned spouse is still in custody.

Adultery. A spouse has engaged in a voluntary sexual relationship with someone other than his or her spouse. Proof of adultery is notoriously difficult; circumstantial evidence that shows (1) opportunity and (2) a disposition to commit the act is typically required. Adultery is a defense to a claim for spousal maintenance from the adulterous spouse.

Living separate and apart under a judgment of separation or separation decree. If a court has already entered a decree or judgment of separation, the spouses can convert that separation into a divorce after living apart for at least one year.

Because fault grounds often require a trial on contested facts, Mr. Sris and the firm’s Of Counsel attorneys carefully weigh the potential benefits—such as a more favorable financial outcome—against the additional time and expense of litigation when advising a client on which ground to plead.

How the Choice of Ground Affects the Divorce Process

New York judges may consider fault when determining equitable distribution and spousal maintenance, even though no‑fault divorce is available. For instance, if one spouse’s egregious conduct wasted marital assets or caused serious harm, the court may adjust the property division or award a larger amount of maintenance. Choosing a no‑fault ground generally streamlines the case and keeps the focus on the financial and parenting disputes. A fault‑based pleading, on the other hand, opens the door to discovery on the alleged misconduct and can lengthen the pretrial phase. The ground you plead does not permanently fix the case; an attorney can amend the complaint as new facts emerge. Every divorce action filed in New York is commenced in the Supreme Court of the county where either spouse resides. Mr. Sris and the firm’s Of Counsel attorneys appear in Supreme Courts and Family Courts in every New York county, from the five boroughs of New York City to Nassau, Suffolk, Westchester, and upstate jurisdictions.

Frequently Asked Questions

What is the simplest ground for divorce in New York?

The simplest ground is the no‑fault irretrievable breakdown of the marriage for at least six months. One spouse’s statement that the marriage is broken is enough; the other spouse’s opposition does not block the divorce. All the other issues—property division, maintenance, custody—are resolved separately, but the divorce itself will be granted once the court is satisfied that the marriage has irretrievably failed. To discuss whether no‑fault or a fault ground is better for your situation, call (888) 437‑7747 to speak with a family law attorney.

Can I still file for divorce based on adultery in New York?

Yes, adultery remains a valid ground for divorce under DRL § 170(4). Proving adultery requires clear and convincing evidence of an extramarital sexual relationship. Courts usually accept circumstantial proof showing both adulterous disposition and opportunity. Adultery can affect spousal maintenance—a spouse who committed adultery is generally barred from receiving post‑divorce maintenance unless the court finds it would be inequitable to deny it. If you are considering an adultery‑based divorce, an experienced attorney can evaluate whether the potential financial advantage justifies the added litigation.

Do I need a lawyer to file for divorce on fault grounds?

You are not required to have a lawyer, but a fault‑based divorce almost always benefits from experienced legal guidance. Fault grounds add complexities—you must plead and prove specific facts, and the other side may raise defenses. An attorney can assess whether the fault ground will truly affect the financial outcome, help gather competent evidence, and manage the litigation timeline. Legal guidance ensures the complaint is properly drafted and that you avoid procedural missteps that could delay the case. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

How does the ground for divorce affect property division in New York?

New York is an equitable distribution state, and a judge may consider marital fault when dividing property. Under DRL § 236, the court evaluates a list of factors, including “any other factor which the court shall expressly find to be just and proper.” Egregious fault—such as dissipation of assets through an extramarital affair—can lead to a larger share of the marital estate being awarded to the innocent spouse. Standing alone, everyday misconduct typically does not shift the property division dramatically. Your attorney can help you present the relevant facts to the court if fault is a genuine economic factor.

What if my spouse contests the grounds for divorce?

A spouse can contest the grounds, but the no‑fault ground is very difficult to defeat. Because the statute requires only one spouse’s statement that the marriage is irretrievably broken, a defendant’s denial usually does not prevent the divorce. The court will proceed and focus on financial and custody issues. If you plead a fault ground and the spouse contests it, the court will hold a trial on that issue. An attorney can help you decide whether provoking a trial on fault is worth the delay and expense. For guidance, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997. He is a former prosecutor and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s Of Counsel attorneys bring extensive combined legal experience, allowing the team to handle all aspects of a divorce—from negotiating settlement agreements to litigating fault‑based claims in New York Supreme Court. Whether you live in Manhattan, Brooklyn, Queens, on Long Island, or anywhere else in New York, Mr. Sris and the firm’s Of Counsel attorneys can provide representation grounded in knowledge of local court practices and the statewide statutory framework. Results may vary.

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

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