N.Y. Domestic Relations Law § 200

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 200 — Action for separation DRL § 200 Action for separation ARTICLE 11 Action For Separation § 200. Action for separation. An action may be maintained by a husbandor wife against the other party to the marriage to procure a judgmentseparating the parties from bed and board, forever, or for a limitedtime, for any of the following causes: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.3. The neglect or refusal of the defendant-spouse to provide for thesupport of the plaintiff-spouse where the defendant-spouse is chargeablewith such support under the provisions of section thirty-two of thischapter or of section four hundred twelve of the family court act.4. The commission of an act of adultery by the defendant; except wheresuch offense is committed by the procurement or with the connivance ofthe plaintiff or where there is voluntary cohabitation of the partieswith the knowledge of the offense or where action was not commencedwithin five years after the discovery by the plaintiff of the offensecharged or where the plaintiff has also been guilty of adultery undersuch circumstances that the defendant would have been entitled, ifinnocent, to a divorce, provided that adultery for the purposes of thissubdivision is hereby defined as the commission of an act of vaginalsexual contact, oral sexual contact or anal sexual contact, voluntarilyperformed by the defendant, with a person other than the plaintiff afterthe marriage of plaintiff and defendant. Oral sexual contact and analsexual contact include, but are not limited to, sexual conduct asdefined in subdivision two of section 130.00 and subdivision four ofsection 130.20 of the penal law.5. The ral sexual contact and analsexual contact include, but are not limited to, sexual conduct asdefined in subdivision two of section 130.00 and subdivision four ofsection 130.20 of the penal law.5. The confinement of the defendant in prison for a period of three ormore consecutive years after the marriage of plaintiff and defendant.6. The relationship between the spouses has broken down irretrievablyfor a period of at least six months, provided that one party has sostated under oath. No judgment for separation shall be granted underthis subdivision unless and until any applicable, timely and relevanteconomic issues, which may include 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 action. Source: NYSenate.gov Open Legislation | Laws of New York Page 1