New York recognizes seven grounds for divorce under Domestic Relations Law section 170. Six are fault-based, requiring proof that one spouse committed specific misconduct, and one is the no-fault provision added in 2010. Clients calling Roven Law Group sometimes assume they need to prove their spouse did something wrong to obtain a divorce. That has not been true in New York for over a decade. Choosing the right ground is now more about strategy than necessity.
Here is what each ground covers, what proof is needed, and why one of them dominates almost every filing today.
The No-Fault Ground Under Section 170(7)
The no-fault provision in section 170(7) is the ground used in nearly every New York divorce filed today. Either spouse can obtain a divorce by stating under oath that the marriage has been irretrievably broken for at least six months. The other spouse cannot block the divorce by disputing whether the marriage is broken.
The proof requirement is minimal. The plaintiff signs a sworn statement, and the ground is established. The court does not investigate whether the marriage really is broken, and the other spouse cannot demand evidence beyond the affidavit. The catch is that the court will not enter the judgment until all related issues, including equitable distribution, spousal maintenance, child custody, and child support, have been resolved. The ground itself is easy to establish, but the case still takes as long as the other issues require.
Cruel and Inhuman Treatment Under Section 170(1)
Cruel and inhuman treatment was historically the most commonly cited fault ground. The standard requires conduct by the defendant that endangers the physical or mental well-being of the plaintiff, making it unsafe or improper to continue living together. Examples include sustained verbal abuse, repeated threats, physical violence, and conduct that produced documented harm to the plaintiff’s mental or physical health. The ground requires specific allegations and supporting evidence, often including medical records or testimony from third parties. The five-year limitation matters here. Cruel and inhuman treatment cannot be used as a ground if the conduct alleged occurred more than five years before filing.
Abandonment Under Section 170(2)
Abandonment requires that one spouse left the other for at least one year without justification and without the consent of the abandoned spouse. New York also recognizes “constructive abandonment,” which occurs when one spouse refuses to engage in sexual relations with the other for at least one year, without justification and without the consent of the refused spouse. Before 2010, constructive abandonment was a frequently used fault ground because it avoided the proof problems of cruel and inhuman treatment, but the no-fault provision has largely replaced it.
Imprisonment Under Section 170(3)
A spouse can obtain a divorce on the ground that the other has been confined to prison for three or more consecutive years after the marriage. The three-year period must run during the marriage rather than before it. This ground is rarely used in practice because the no-fault provision is simpler.
Adultery Under Section 170(4)
Adultery is defined as voluntary sexual or deviant sexual intercourse by the defendant with a person other than the plaintiff after the marriage. The plaintiff has to prove the act actually occurred, traditionally requiring corroborating evidence beyond the spouse’s testimony. Adultery has affirmative defenses under section 171, including condonation, which means the wronged spouse forgave the conduct, and a five-year limitation. The proof burden and the available defenses make adultery a poor strategic choice in most cases. The fact that the spouse had an affair almost never affects equitable distribution, spousal maintenance, or custody outcomes.
Living Apart Under Sections 170(5) and 170(6)
Two related grounds address divorces sought after a period of separation. Under section 170(5), a divorce can be obtained when the parties have lived apart for at least one year following a judgment of separation issued by a New York court. Under section 170(6), a divorce can be obtained when the parties have lived apart for at least one year pursuant to a written separation agreement signed and acknowledged by both spouses. The agreement has to be filed with the county clerk’s office, and the parties have to substantially comply with its terms during the one-year period. Both grounds are rarely used today because the no-fault provision is simpler and faster.
Why the No-Fault Ground Dominates Modern Filings
Before 2010, every New York divorce required proof of one of the fault grounds, and contested fault trials were a routine feature of matrimonial practice. The 2010 addition of section 170(7) eliminated that requirement and shifted the focus of New York divorce litigation almost entirely to financial and parenting issues.
Most matrimonial attorneys today recommend the no-fault ground unless a specific strategic reason favors a fault filing. Pleading a fault ground requires proof that adds time and cost to the case. It also produces a public record of misconduct that some clients later regret. The financial and custody outcomes are generally the same regardless of which ground is pleaded.
How Roven Law Group Helps Clients Choose the Right Ground
The choice of ground is one of the first strategic decisions in a New York divorce, and it shapes how the case unfolds. Roven Law Group walks clients through the available grounds, the proof each one requires, and the practical consequences of choosing one over another. The firm represents clients in matrimonial proceedings across Manhattan, Brooklyn, the Bronx, Queens, and Staten Island. Schedule a consultation to discuss which ground fits the facts and goals of your situation.