New York Legal Requirements for Divorce
Explanation of Chart and More Information on Requirements for Divorce
| Code Section | Dom. Rel. §§170, 171, 202, 230, 231 |
| Residency Requirements | Were married in state or reside in state as husband and wife and either party has been resident 1 yr. before commencing suit; cause occurred in New York and both parties are resident at commencement of suit; either has been resident for 2 yrs. |
| Waiting Period | - |
| 'No Fault' Grounds for Divorce | Separation (1 yr. or more). |
| Defenses to a Divorce Filing | Adultery: Offense committed with plaintiff's connivance; offense forgiven (shown affirmatively, by voluntary cohabitation, or by no action commenced within 5 yrs. of discovery of offense); plaintiff also guilty of adultery; defendant may set up misconduct of plaintiff as justification. |
| Other Grounds for Divorce | Adultery; cruel and inhuman treatment; abandonment (for 1 or more years); imprisonment of defendant for 3 or more consecutive yrs; lived apart for 1 or more yrs. |
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