§ 170 — Action for divorce

§ 170. Action for divorce. An action for divorce may be maintained by\na husband or wife to procure a judgment divorcing the parties and\ndissolving the marriage on any of the following grounds:\n (1) The cruel and inhuman treatment of the plaintiff by the defendant\nsuch that the conduct of the defendant so endangers the physical or\nmental well being of the plaintiff as renders it unsafe or improper for\nthe plaintiff to cohabit with the defendant.\n (2) The abandonment of the plaintiff by the defendant for a period of\none or more years.\n (3) The confinement of the defendant in prison for a period of three\nor more consecutive years after the marriage of plaintiff and defendant.\n (4) The commission of an act of adultery, provided that adultery for\nthe purposes of articles ten, eleven, and eleven-A of this chapter, is\nhereby defined as the commission of an act of vaginal sexual contact,\noral sexual contact or anal sexual contact, voluntarily performed by the\ndefendant, with a person other than the plaintiff after the marriage of\nplaintiff and defendant. Oral sexual contact and anal sexual contact\ninclude, but are not limited to, sexual conduct as defined in\nsubdivision two of section 130.00 and subdivision four of section 130.20\nof the penal law.\n * (5) The husband and wife have lived apart pursuant to a decree or\njudgment of separation for a period of one or more years after the\ngranting of such decree or judgment, and satisfactory proof has been\nsubmitted by the plaintiff that he or she has substantially performed\nall the terms and conditions of such decree or judgment.\n * NB Effective until February 17, 2026\n * (5) The spouses have lived apart pursuant to a decree or judgment of\nseparation for a period of six months or more after the granting of such\ndecree or judgment, and satisfactory proof has been submitted by the\nplaintiff that such plaintiff has substantially performed all the terms\nand conditions of such decree or judgment.\n * NB Effective February 17, 2026\n * (6) The husband and wife have lived separate and apart pursuant to a\nwritten agreement of separation, subscribed by the parties thereto and\nacknowledged or proved in the form required to entitle a deed to be\nrecorded, for a period of one or more years after the execution of such\nagreement and satisfactory proof has been submitted by the plaintiff\nthat he or she has substantially performed all the terms and conditions\nof such agreement. Such agreement shall be filed in the office of the\nclerk of the county wherein either party resides. In lieu of filing such\nagreement, either party to such agreement may file a memorandum of such\nagreement, which memorandum shall be similarly subscribed and\nacknowledged or proved as was the agreement of separation and shall\ncontain the following information: (a) the names and addresses of each\nof the parties, (b) the date of marriage of the parties, (c) the date of\nthe agreement of separation and (d) the date of this subscription and\nacknowledgment or proof of such agreement of separation.\n * NB Effective until February 17, 2026\n * (6) The spouses have lived separate and apart pursuant to a written\nagreement of separation, subscribed by the parties thereto and\nacknowledged or proved in the form required to entitle a deed to be\nrecorded, for a period of six months or more after the execution of such\nagreement and satisfactory proof has been submitted by the plaintiff\nthat such plaintiff has substantially performed all the terms and\nconditions of such agreement. Such agreement shall be filed in the\noffice of the clerk of the county wherein either party resides. In lieu\nof filing such agreement, either party to such agreement may file a\nmemorandum of such agreement, which memorandum shall be similarly\nsubscribed and acknowledged or proved as was the agreement of separation\nand shall contain the following information: (a) the names and addresses\nof each of the parties, (b) the date of marriage of the parties, (c) the\ndate of the agreement of separation and (d) the date of this\nsubscription and acknowledgment or proof of such agreement of\nseparation.\n * NB Effective February 17, 2026\n (7) The relationship between husband and wife has broken down\nirretrievably for a period of at least six months, provided that one\nparty has so stated under oath. No judgment of divorce shall be granted\nunder this subdivision unless and until the economic issues of equitable\ndistribution of marital property, the payment or waiver of spousal\nsupport, the payment of child support, the payment of counsel and\nexperts' fees and expenses as well as the custody and visitation with\nthe infant children of the marriage have been resolved by the parties,\nor determined by the court and incorporated into the judgment of\ndivorce.\n