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.