Grounds for Divorce in New York: What You Need to Know

Since 2010, New York has allowed no-fault divorce. Under Domestic Relations Law § 170(7), a spouse may seek a divorce based on the irretrievable breakdown of the marriage for a period of at least six months. This ground does not require either spouse to prove that the other did something wrong. Before this change, New York was the only state without a true no-fault option, which often forced spouses to allege fault such as abandonment or cruel and inhuman treatment even when both parties simply wanted to end the marriage. The no-fault ground removed that requirement, but it does not eliminate the need to resolve the other issues a court must address — custody, support, maintenance, and the division of property. You can read the firm's general overview of the divorce process on the Divorce and Separation page.

Irretrievable breakdown means the marriage has broken down irretrievably for at least six months such that there is no reasonable prospect of reconciliation. Importantly, the spouse asserting this ground must also state under oath that they have resolved — or will resolve — all issues arising from the divorce, including custody, parenting time, child support, spousal maintenance, and the division of property and debts. This means the no-fault ground is most commonly used in uncontested divorces where the parties have reached an agreement. In a contested matter, the parties may still use the no-fault ground, but they will need the court to resolve the disputed issues through litigation.

Although no-fault divorce is now available, New York still recognizes several fault-based grounds under Domestic Relations Law § 170. These include abandonment (physical or constructive) for a period of one year or more; cruel and inhuman treatment that makes it unsafe or improper for the spouses to continue living together; imprisonment of one spouse for three or more consecutive years; and adultery. A spouse may choose to pursue a fault-based ground for various strategic or personal reasons, though fault grounds generally require proof and can complicate the divorce. The New York court system provides general information about divorce that outlines these grounds.

Abandonment can be physical or constructive. Physical abandonment means one spouse left the marital home without consent and without intent to return, for at least one year. Constructive abandonment refers to a situation where one spouse refuses to engage in sexual relations or otherwise locks the other out of the marriage, effectively abandoning the relationship while remaining in the home. To use abandonment as a ground, the abandoning spouse's conduct must be without the consent of the other spouse and must have continued for the statutory period. Proving abandonment can require evidence, and the specific facts matter significantly.

Cruel and inhuman treatment, sometimes called constructive divorce, is a fault ground that requires showing that one spouse's conduct endangered the physical or mental well-being of the other such that it is unsafe or improper for them to continue living together. The standard is higher for marriages of shorter duration — a court may require more serious conduct to grant a divorce on this ground after a brief marriage than after a long one. Conduct that is merely unpleasant or that reflects ordinary marital discord is generally not enough. This ground often involves testimony and documentation of the treatment alleged.

Adultery remains a fault ground in New York, but it is used less frequently than other grounds because it requires proof and carries specific evidentiary rules. A spouse alleging adultery must show that the other spouse engaged in sexual relations with a third party. There are also several statutory defenses, including that the accusing spouse encouraged or condoned the adultery, or that the accusing spouse also committed adultery. Because of these complexities and the availability of no-fault divorce, adultery is rarely the primary ground pursued, though it may be relevant to other issues in the divorce.

It is important to understand that the ground for divorce is separate from the other issues the court must resolve. Even if a spouse proves fault, New York is an equitable distribution state, meaning property is divided fairly — not necessarily equally — based on statutory factors rather than on who was at fault for the breakdown of the marriage. You can read more about this on the Property Division page. Similarly, child custody is decided based on the best interests of the child, and child support is generally calculated under the Child Support Standards Act. Fault may be considered in limited circumstances, such as when it relates to the dissipation of marital assets or affects a child's well-being, but it is not the primary driver of most outcomes.

Most divorces in New York today proceed on the no-fault ground because it avoids the need to prove fault and can simplify the process. However, the right approach depends on the specific facts of your marriage, whether you and your spouse can agree on the other issues, and your goals. Some spouses may have personal reasons for wanting a fault-based divorce, while others prioritize a faster, less adversarial resolution. An attorney can help you understand which ground is appropriate and what evidence, if any, may be required. No attorney can guarantee a particular outcome, and the choice of ground is just one part of the overall divorce strategy.

Understanding the grounds for divorce is only the beginning. The issues that follow — custody, support, maintenance, and property division — often have a far greater impact on your life than the ground itself. Speaking with an attorney early can help you understand your options, identify potential disputes, and make informed decisions. If you would like to discuss your situation, you can request a consultation with a New York family-law attorney.