Understanding Domestic Relations Law § 170
Divorce is the process by which a marriage is terminated. Since marriage is a legal relationship, when a couple decides they no longer want to stay married, one or both parties must file paperwork with the Supreme Court of New York asking that it grant the divorce. The legal process for ending a marriage is covered under Dom. Rel Law § 170. According to DRL § 170, there are specific grounds for filing a divorce or reasons why the court will grant a divorce. These include:
- Cruel and inhuman treatment
- Abandonment
- Imprisonment
- Separation
- Adultery
Those are all fault-based grounds for dissolving a marriage. In other words, one spouse blames the other for the breakdown of the marriage. New York State also recognizes no-fault grounds for dissolving a marriage. In this case, one or both parties argue that the marriage has suffered an irretrievable breakdown in the relationship.
Grounds for divorce in New York State
- Irretrievable breakdown in the relation – This forms the basis of a “no-fault” divorce in New York State. It essentially means that you and your spouse simply don’t get along anymore and that there is no chance of repairing the relationship. Under DRL § 170(7), the marriage must have been broken down for a period of at least 6 months provided that one party has stated so under oath.
- Cruel and inhuman treatment – DRL § 170 (1) provides that a party can claim that they were treated in a cruel or inhumane way by their spouse. The party must prove that the behavior of the accused spouse puts your physical or mental well-being at risk. Physical violence, constant criticism, leaving for extended periods without communication, screaming, name-calling, and belittling behaviors in social situations all constitute cruel and inhumane treatment. The cruel and inhumane treatment must endanger the physical or mental well-being of the accuser rendering it unsafe or improper for them to cohabitate with the accused.
- Abandonment – To prove abandonment, you must establish that your spouse left you, has been gone for at least a year, and does not intend to return.
- Imprisonment – DRL § 170 (3) provides that if you or your spouse has been imprisoned for at least 3 consecutive years, and imprisonment started after you were married, then the fact of imprisonment can be the basis for a divorce action.
- Adultery – DRL § 170 (4) defines adultery as sexual intercourse, oral sexual conduct, or anal sexual conduct voluntarily performed with a person other than your spouse. There is a statute of limitations on naming adultery as grounds for divorce. You must file for divorce within 5 years of the alleged infidelity.
- Judgment of separation – DRL § 170 (5) provides that if you and your spouse have a joint decree or judgment of separation, have not lived together for at least a year, and have abided by the terms of the separation order, then you can state that your marital separation is grounds for divorce.
- Separation agreement – DRL § 170 (6) provides that if you and your spouse have signed a notarized separation agreement, have not lived together for at least a year, and have abided by the terms of the agreement, then you can state that your separation is grounds for divorce.
Talk to a Rockland County Divorce Lawyer Today
The Law Office of Robert S. Sunshine represents the interests of divorcing couples in Rockland and Westchester Counties. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
