10.50 - 4. Divorce

• Jurisdiction: New York

4. Divorce

Divorce may be sought on four fault grounds plus three nonfault grounds. The fault grounds are:

• cruel and inhuman treatment of the plaintiff by the defendant;
• adultery of the defendant;
• physical or sexual abandonment of the plaintiff by the defendant for a period of one or more years prior to the commencement of the action; and
• confinement of the defendant in prison for three or more consecutive years after the marriage of the parties.¹⁰⁷⁹

Of the three nonfault grounds, two are applicable only in the event of a legal separation where the parties have lived apart for one or more years pursuant to (1) a written separation agreement executed by both parties or (2) a judicial decree or judgment.¹⁰⁸⁰ The party seeking a divorce under either of these two nonfault grounds must submit proof that he or she has substantially complied with the terms of the separation agreement or decree.

The third nonfault ground now exists where the marriage has broken down irretrievably between parties for at least six months.¹⁰⁸¹ At first, there was a conflict among...