Getting Divorced
Dom. Rel. Law § 170 — seven grounds, among them a marriage broken down irretrievably for at least six months
Broken down irretrievably. A divorce may be granted when the relationship has broken down irretrievably for at least six months and one spouse says so under oath. No judgment is granted on that ground until property division, spousal support, child support, counsel and expert fees, and custody and visitation have been resolved by the spouses or decided by the court.
The other grounds are:
- Cruel and inhuman treatment that makes it unsafe or improper to live together.
- Abandonment for one or more years.
- The other spouse's confinement in prison for three or more consecutive years after the marriage.
- Adultery.
- Living apart for six months or more under a judgment of separation, with the terms substantially performed.
- Living apart for six months or more under a written, acknowledged separation agreement filed with the county clerk, with the terms substantially performed.
Sources for this section (1)
- Dom. Rel. Law § 170 — Action for divorce
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.