N.Y. Dom. Rel. Law § 170

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 170 — Action for divorce DRL § 170 Action for divorce ARTICLE 10 Action For Divorce § 170. Action for divorce. An action for divorce may be maintained bya husband or wife to procure a judgment divorcing the parties anddissolving the marriage on any of the following grounds:(1) The cruel and inhuman treatment of the plaintiff by the defendantsuch that the conduct of the defendant so endangers the physical ormental well being of the plaintiff as renders it unsafe or improper forthe plaintiff to cohabit with the defendant.(2) The abandonment of the plaintiff by the defendant for a period ofone or more years.(3) The confinement of the defendant in prison for a period of threeor more consecutive years after the marriage of plaintiff and defendant.(4) The commission of an act of adultery, provided that adultery forthe purposes of articles ten, eleven, and eleven-A of this chapter, ishereby defined as the commission of an act of vaginal sexual contact,oral sexual contact or anal sexual contact, voluntarily performed by thedefendant, with a person other than the plaintiff after the marriage ofplaintiff and defendant. Oral sexual contact and anal sexual contactinclude, but are not limited to, sexual conduct as defined insubdivision two of section 130.00 and subdivision four of section 130.20of the penal law.(5) The spouses have lived apart pursuant to a decree or judgment ofseparation for a period of six months or more after the granting of suchdecree or judgment, and satisfactory proof has been submitted by theplaintiff that such plaintiff has substantially performed all the termsand conditions of such decree or judgment.(6) The spouses have lived separate and apart pursuant to a writtenagreement of separation, subscribed by the parties thereto andacknowledged or proved in the form required to entitle a deed to berecorded, for a period of six months or more after the execution of suchagreeme of separation, subscribed by the parties thereto andacknowledged or proved in the form required to entitle a deed to berecorded, for a period of six months or more after the execution of suchagreement and satisfactory proof has been submitted by the plaintiffthat such plaintiff has substantially performed all the terms andconditions of such agreement. Such agreement shall be filed in theoffice of the clerk of the county wherein either party resides. In lieuof filing such agreement, either party to such agreement may file amemorandum of such agreement, which memorandum shall be similarlysubscribed and acknowledged or proved as was the agreement of separationand shall contain the following information: (a) the names and addressesof each of the parties, (b) the date of marriage of the parties, (c) thedate of the agreement of separation and (d) the date of thissubscription and acknowledgment or proof of such agreement ofseparation.(7) The relationship between husband and wife has broken downirretrievably for a period of at least six months, provided that oneparty has so stated under oath. No judgment of divorce shall be grantedunder this subdivision unless and until the economic issues of equitabledistribution of marital property, the payment or waiver of spousalsupport, the payment of child support, the payment of counsel andexperts' fees and expenses as well as the custody and visitation withthe infant children of the marriage have been resolved by the parties,or determined by the court and incorporated into the judgment ofdivorce. Source: NYSenate.gov Open Legislation | Laws of New York Page 1