To obtain a divorce in New York you must first satisfy two main requirements:
- residency and
- have a legal ground (“Ground†means a legally acceptable reason for the divorce).
The requirements and the acceptable grounds for divorce in New York are set out in Domestic Relations Law (NYDRL). (↠add link to all DRL here).
Residency Requirement
In New York, an action for divorce may be maintained only when you meet one or more of the following:
1. You were married in the state of New York and either you or your spouse is a resident of the state of New York and has been a resident of the state of New York for a continuous period of one year immediately prior to filing for divorce (prior to filing in the Supreme Court)
OR
2. You and your spouse resided in the state of New York as married persons and either spouse is a resident at the time when the action is started and has been a resident for a continuous period of one year immediately prior to filing for divorce
OR
3. The cause (reason for the divorce) happened in the state of New York and either spouse had been a resident of New York for a continuous period of at least one year immediately prior to filing for divorce
OR
4. The cause (reason for the divorce) happened in the state of New York and both spouses are residents of New York at the time of the filing for divorce
OR
5. Either spouse has been a resident of the state of New York for a continuous period of at least two years immediately prior to the filing for divorce
The above residency requirements are set out in Domestic Relations Law Section 230 (add link to DRL§230 here).
Divorce Grounds
There are seven legally acceptable grounds (or reasons) for divorce in New York and they are set out in Domestic Relations Law section 170:
Cruel and Inhuman Treatment (DRL § 170 (1)) [add link to drl to each]
Abandonment (DRL § 170 (2))
Imprisonment (DRL § 170 (3))
Adultery (DRL § 170 (4))
Living separate and apart pursuant to a separation judgment or decree (DRL § 170 (5))
Living separate and apart pursuant to a separation agreement (DRL § 170 (6))
Irretrievable breakdown in relationship or “No-Fault Divorce†(DRL 170 (7))