Grounds for Divorce in New York

In the state of New York, an action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving the marriage on any of the following grounds:

(1)  The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant  so  endangers  the  physical  or mental  well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.

(2) The abandonment of the plaintiff by the defendant for a period of one or more years.

(3)  The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant.

(4) The commission of an act of adultery, provided that  adultery  for the  purposes  of articles ten, eleven, and eleven-A of the chapter 170 of New York Domestic Relations Statute, is hereby defined as the commission of an act of sexual  intercourse,  oral sexual  conduct  or  anal  sexual  conduct, voluntarily performed by the defendant, with a person other than the plaintiff after the marriage  of plaintiff  and  defendant.  Oral  sexual conduct and anal sexual conduct include,  but  are  not  limited  to,  sexual  conduct  as  defined   in subdivision  two  of  section  130.00  and  subdivision three of section 130.20 of the New York penal law.

(5) The husband and wife have lived apart  pursuant  to  a  decree  or judgment  of  separation  for  a  period  of one or more years after the granting of such decree or judgment, and  satisfactory  proof  has  been submitted  by  the  plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment.

(6) The husband and wife have lived separate and apart pursuant  to  a written  agreement  of separation, subscribed by the parties thereto and acknowledged or proved in the form required to  entitle  a  deed  to  be recorded,  for a period of one or more years after the execution of such agreement and satisfactory proof has been  submitted  by  the  plaintiff that  he or she has substantially performed all the terms and conditions of such agreement. Such agreement shall be filed in the office of the clerk of the county wherein either party resides. In lieu of filing such agreement,  either party to such agreement may file a memorandum of such agreement,  which  memorandum  shall   be   similarly   subscribed   and acknowledged  or  proved  as  was  the agreement of separation and shall contain the following information:

(a) the names and addresses  of  each of the parties,

(b) the date of marriage of the parties,

(c) the date of the  agreement  of  separation and

(d) the date of this subscription and acknowledgment or proof of such agreement of separation.  NY DRL 170

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