What Are the Grounds for Divorce in New York? The Seven Grounds Under DRL §170

By Pieter G. Weinrieb, Esq. · Admitted NY 2005 · 42-hour certified family and divorce mediator · Published September 24, 2026

Is New York a No-Fault Divorce State?

Yes, since October 2010. New York was the last state in the country to adopt no-fault divorce, and it did so by adding a seventh ground to the list in DRL §170. To use it, one spouse states under oath that the relationship has broken down irretrievably for a period of at least six months. That is the whole test. The other spouse does not have to agree, does not have to sign anything, and cannot defeat the divorce by denying that the marriage is over.

The six months are counted backward from the day you file. They are a look-back on the breakdown, not a waiting period after filing. If your marriage has been over in substance since last winter, you satisfy the six months today. New York has no post-filing cooling-off period at all; the only clock after filing is the court’s own processing time, which I cover in is there a waiting period for divorce in New York.

One condition comes with the no-fault ground, and it matters. Under §170(7) the court cannot sign the judgment until every economic and parenting issue has been resolved: equitable distribution of property, spousal maintenance, child support, custody and parenting time, and counsel fees. Resolved means settled by written agreement or decided by the judge after a hearing. “No-fault” describes the ground. A no-fault divorce with a fight over the house is still a contested divorce.

The Seven Grounds, One by One

1. Cruel and inhuman treatment (§170(1)). Conduct that endangers your physical or mental well-being so that living together is unsafe or improper. Courts read this strictly, and the longer the marriage, the more they expect to see. Ordinary unhappiness and arguments do not qualify. Documented abuse can.

2. Abandonment (§170(2)). Your spouse left, without justification and without your consent, for one year or more, and has not come back. New York also recognizes “constructive abandonment”: a spouse who refuses, for a year or more, to have marital relations without cause. Before 2010 this was the workhorse ground in uncontested cases, because it required no one to admit anything ugly.

3. Imprisonment (§170(3)). Your spouse has been confined in prison for three or more consecutive years after the marriage began. Like cruelty and adultery, this ground has a five-year limitations period (DRL §210).

4. Adultery (§170(4)). A voluntary sexual act with someone else during the marriage. This is the hardest ground to prove in New York. Your own testimony is not enough; the law requires corroboration from another source, and DRL §171 lists defenses, including that you forgave the conduct or committed adultery yourself. In 20 years I have seen very few adultery cases actually tried. People plead it for a reason that has nothing to do with the law, and then settle on no-fault.

5. Living apart under a separation judgment (§170(5)). A court granted a judgment of separation and you have lived apart under it for one year or more, and the spouse seeking the divorce has substantially performed its terms.

6. Living apart under a written separation agreement (§170(6)). The “conversion divorce.” You signed a formal separation agreement, acknowledged like a deed, filed it or a memorandum of it with the county clerk, and lived apart under it for one year or more. This still has real uses: some couples separate first for insurance, religious, or timing reasons and convert later. Our page on legal separation versus divorce in New York explains when that makes sense.

7. Irretrievable breakdown for at least six months (§170(7)). The no-fault ground described above. One spouse’s sworn statement, a six-month look-back, and resolution of all ancillary issues before judgment.

Why Almost Everyone Uses No-Fault

Three reasons, in the order clients care about them.

It is faster. A fault ground has to be proved at a hearing if the other spouse denies it, and that hearing sits behind everything else on the court’s calendar. The no-fault ground is established by an affidavit.

It is cheaper. Proving cruelty or adultery means witnesses, records, sometimes an investigator, and hours of attorney time that have no effect on how property is divided or how parenting time is set. New York judges do not award a larger share of the marital estate because one spouse behaved badly, except in rare cases of egregious conduct that shocks the conscience. Fault does not change the child support formula at all.

It is kinder to the children. A pleading that accuses a parent of cruelty becomes a court record, and it is read by the other parent the week you are trying to agree on a schedule for the kids. The no-fault affidavit says only that the marriage is over, which both of you already know.

When a Fault Ground Still Makes Sense

Rarely, but not never. If you cannot locate your spouse to serve papers and need to proceed by publication, abandonment sometimes fits the facts better. If a separation agreement is already a year old, conversion under §170(6) is clean and quick. And where there has been genuine abuse, the conduct may matter for an order of protection and for custody, even though it is pleaded through the no-fault ground and proved in those separate proceedings.

Residency Comes First

Grounds get you the divorce; residency gets you into the courthouse. DRL §230 sets five alternative routes, and most require one or two years of New York residence. You do not always need the full two years: if you were married here, or lived here as a couple, or the grounds arose here, one year is enough, and if both spouses live in New York when the action starts and the ground arose here, no durational residency is required at all. Check yours with our New York divorce residency checker before you file.

What You Actually Have to Prove in Erie County

In an uncontested no-fault case, nothing is proved in a courtroom. The plaintiff signs an affidavit stating that the marriage has been irretrievably broken for at least six months, the defendant signs an affidavit of defendant (form UD-7) declining to contest, the settlement agreement resolves every ancillary issue, and the package goes to Erie County Supreme Court at 25 Delaware Avenue through NYSCEF. The judge reviews it in chambers. Most people never see the inside of the building.

Frequently Asked Questions

What are the grounds for divorce in New York?

Domestic Relations Law §170 lists seven: cruel and inhuman treatment; abandonment for one year or more; imprisonment for three or more consecutive years; adultery; living apart for one year under a judgment of separation; living apart for one year under a written separation agreement; and irretrievable breakdown of the marriage for at least six months, the no-fault ground added in 2010.

Is New York a no-fault divorce state?

Yes. Since October 2010, DRL §170(7) allows a divorce on one spouse's sworn statement that the marriage has broken down irretrievably for at least six months. The other spouse's consent is not required. The judgment cannot be signed until property, maintenance, child support, custody, and counsel fees are resolved by agreement or by the court.

Do you have to wait six months to file for divorce in New York?

No. The six months in DRL §170(7) is a look-back: the marriage must have been broken down for at least six months as of the day you file. There is no waiting period after filing. If the breakdown began more than six months ago, you can file today.

Does adultery affect property division or support in New York?

Almost never. New York divides marital property by equitable distribution, and marital fault is disregarded except for egregious conduct. Adultery has no effect on the child support formula. It is also the hardest ground to prove, because your own testimony must be corroborated and DRL §171 provides defenses. Most people who could plead adultery file on no-fault instead.

What is the difference between DRL 170(5) and 170(6)?

Both are living-apart grounds requiring one year of separation. Under §170(5) the separation is under a judgment of separation issued by a court. Under §170(6) it is under a written separation agreement that the spouses signed and acknowledged and filed with the county clerk. Section 170(6) is the conversion divorce most people mean when they say they were legally separated first.

Related Questions & Resources

• New York divorce laws explained
• New York divorce residency requirements checker
• Is there a waiting period for divorce in New York?
• How to file for divorce in New York, step by step
• Legal separation vs. divorce in New York
• Uncontested divorce in New York

This page is general information about New York law, not legal advice for your situation. Every family is different: if this question is live in your life, talk to a family law attorney before you act.