New York Grounds for Divorce (DRL § 170): No-Fault and the Six Fault Grounds

New York gives you seven legal grounds for divorce. Six of them are fault grounds, where one spouse has to prove the other did something. One is no-fault, and since New York adopted it in 2010 the no-fault ground has become the path most divorces in the state take.

You do not need your spouse’s permission to get divorced in New York. The no-fault ground lets one spouse end the marriage by swearing, under oath, that the relationship has broken down irretrievably for at least six months. The other spouse cannot block the divorce itself by refusing to agree.

This page covers all seven grounds under Domestic Relations Law § 170, what irretrievable breakdown means, the fault grounds that still exist and when they matter, and why even a no-fault divorce cannot become final until the money and the children are sorted out.

What Are the Legal Grounds for Divorce in New York Under DRL § 170?

There are seven. Domestic Relations Law § 170 lists them as the grounds on which a husband or wife can ask a court to dissolve the marriage:

(1) cruel and inhuman treatment that so endangers the physical or mental well-being of the plaintiff as to make it unsafe or improper to live together; (2) abandonment of the plaintiff by the defendant for a period of one or more years; (3) confinement of the defendant in prison for three or more consecutive years after the marriage; (4) the commission of an act of adultery; (5) living apart pursuant to a decree or judgment of separation for one or more years; (6) living apart pursuant to a written separation agreement for one or more years; and (7) irretrievable breakdown of the relationship for a period of at least six months, stated under oath by one party.

The first six are fault and separation grounds carried forward from the older law. The seventh, irretrievable breakdown, is the no-fault ground.

What Does No-Fault Divorce and “Irretrievable Breakdown” Mean in New York?

It means the marriage is over and one spouse says so under oath. The no-fault ground, § 170(7), requires only that one party state, under oath, that the relationship has broken down irretrievably for at least six months. There is no requirement to prove cheating, cruelty, or who is to blame. The breakdown has to be genuine and the six-month period real, but a single spouse’s sworn statement satisfies the ground.

What no-fault does not do is end the case overnight. Stating the ground gets you in the door. The marriage is not dissolved until the financial and parenting issues are resolved, which is the part covered further below.

What Fault Grounds for Divorce Still Exist in New York, and When Do They Matter?

The fault grounds remain on the books, and a spouse can still plead cruel and inhuman treatment, abandonment, imprisonment, or adultery. In most cases there is little practical reason to, because no-fault avoids the burden of proving misconduct and the extra litigation that comes with it.

Fault can still matter in narrow ways. Egregious conduct can, in limited circumstances, affect equitable distribution or maintenance, and some spouses have personal or strategic reasons for pleading a fault ground. Our divorce attorneys weigh that choice case by case, because pleading fault you cannot prove, or do not need, usually adds cost and conflict without changing the outcome.

Does It Matter Which Ground You Choose in a New York Divorce?

For most people, no, not to the final result. Whether you proceed on no-fault or a fault ground, the court still divides marital property by equitable distribution, sets maintenance and child support under the same formulas, and decides custody by the best interests of the child. The ground is the key that opens the case. It rarely decides how the case ends.

Where the ground choice does matter is in tone and cost. A fault case invites a fight over conduct that a no-fault case sidesteps. We talk that trade-off through with every client before the summons is filed.

Why a New York No-Fault Divorce Still Has to Resolve Property, Support, and Custody First

Here is the part that surprises people. Even on the no-fault ground, a court will not sign the judgment of divorce until the economic and parenting issues are resolved. Equitable distribution of marital property, spousal maintenance, child support, counsel and expert fees, and custody and parenting time all have to be settled by agreement or decided by the court before the marriage is legally dissolved.

That is why a no-fault divorce is not automatically a fast or simple one. The ground is uncontested in most cases. The terms are where the work is. Our attorneys prepare every file from the first conference as if those terms will be decided by a judge, so that the leverage sits with the client who came ready.

Talk to Cedeño Law Group About Filing for Divorce in New York

The ground is the easy part. The terms are the case. Cedeño Law Group prepares every divorce as if a judge will read the whole file before signing the judgment. Call our NYC divorce attorneys before you file or respond.

Updated 2026. This page reflects New York’s grounds for divorce under Domestic Relations Law § 170 as in effect in 2026. It is general information, not legal advice.

For more laws, visit our New York Divorce and Family Laws page.