What are the grounds for divorce in New York?
New York Domestic Relations Law § 170 lists seven grounds for divorce. Most people use the no-fault ground: one spouse swears the marriage has broken down irretrievably for at least six months. The judge cannot grant a no-fault divorce until property, support, fees, custody and visitation are settled or decided.
Key facts
- Law
- New York Domestic Relations Law § 170
- Number of grounds
- Seven
- No-fault ground
- DRL § 170(7): irretrievable breakdown for at least 6 months, stated under oath
- Before a no-fault judgment
- Property, spousal and child support, fees, custody and visitation must be resolved
- Abandonment
- One year or more
- Imprisonment
- Three or more consecutive years after the marriage
The no-fault ground
Section 170(7) lets a spouse divorce without proving the other did anything wrong. One spouse must state under oath that the relationship has broken down irretrievably for at least six months.
"Irretrievably" means it cannot be repaired. The other spouse does not have to agree that the marriage is over.
The court system notes that no-fault is not automatic. The statute bars a judgment until these issues are resolved by agreement or decided by the court:
- Division of marital property (equitable distribution)
- Payment or waiver of spousal support
- Child support
- Lawyer and expert fees
- Custody and visitation of the children
The other six grounds
- Cruel and inhuman treatment. Conduct that puts the plaintiff's physical or mental well-being at risk. It must make living together unsafe or improper.
- Abandonment. The defendant abandoned the plaintiff for one year or more.
- Imprisonment. The defendant was imprisoned for three or more years in a row after the marriage.
- Adultery. The defendant had sexual contact with someone else during the marriage.
- Living apart after a separation judgment. The spouses lived apart under a court separation judgment, and the plaintiff substantially followed its terms.
- Living apart after a separation agreement. The spouses lived apart under a written separation agreement filed with the County Clerk, and the plaintiff substantially followed its terms.
The fault grounds require proof. The court system notes that adultery needs evidence from someone other than the spouses. It also says cruel treatment must involve specific acts within the last five years, and that arguments or incompatibility are not enough.
Why no-fault fits uncontested cases
The no-fault ground avoids proving blame. It fits well when both spouses accept that the marriage is over and can agree on the terms.
The court's DIY program is designed for this ground. It expects the marriage to have been over for at least six months and all property issues settled.
Where mediation helps
Because a no-fault judgment needs every money and parenting issue settled, those terms must be worked out first. Mediation is one way to reach them without a trial.
A mediated agreement can cover property, support, fees and a parenting plan. The judge still reviews it, and child support terms must follow state law.
People also ask
Can my spouse stop a no-fault divorce in New York?
The statute only requires one spouse to state the breakdown under oath. A spouse who disagrees about money or custody can still contest those issues, which must be resolved before judgment.
Does fault affect property or support in a no-fault divorce?
The no-fault ground itself does not assign blame. How other factors affect money issues is a question for an attorney.
How long must we be separated to divorce?
No separation is needed for no-fault, only a six-month breakdown. The two separation-based grounds require living apart under a judgment or a filed agreement: six months or more for cases started on or after February 17, 2026, and one year for cases started earlier.
Every divorce is different. Call and we will explain how this works for the two of you.
Sources
- NY Domestic Relations Law § 170
- NY CourtHelp: Residency and Grounds (still shows the older one-year separation period)
- NY Courts: Introduction to Uncontested Divorce Instructions (Rev. 3/1/26)
- NY Courts: DIY Uncontested Divorce Program
This guide is general information about New York law, checked against the sources above on October 12, 2026. It is not legal advice. Laws, forms and fees change; your attorney can tell you how they apply to you.