New York Grounds for Divorce

Code Section
Dom. Rel. §§170, 171, 202, 230, 231

Residency
Were married in state or reside in state as husband and wife and either party has been resident 1 yr. before commencing suit; cause occurred in New York and both parties are resident at commencement of suit; either has been resident for 2 yrs.

Waiting Period
N/A

No Fault
Separation (1 yr. or more).

Defenses
Adultery: Offense committed with plaintiff’s connivance; offense forgiven (shown affirmatively, by voluntary cohabitation, or by no action commenced within 5 yrs. of discovery of offense); plaintiff also guilty of adultery; defendant may set up misconduct of plaintiff as justification.

Grounds
Adultery; cruel and inhuman treatment; abandonment (for 1 or more years); imprisonment of defendant for 3 or more consecutive yrs; lived apart for 1 or more yrs.


Inside New York Grounds for Divorce