Editing New York divorce law (section)

==Divorce grounds==
New York is a mixed state that allows for both no-fault and at-fault divorce. In the US, about one-third of states, most of them in the [[Western United States|West]] and [[Midwestern United States|Midwest]], are only no-fault, having abolished at-fault divorce.  A notable non-Western and non-Midwestern state that is only no fault is [[Florida]].<ref>Fla. Stat. ch. 61.</ref>

===At fault divorce===
The state of New York is one of the states which allow the possibility of an ''at fault divorce''. In this case, one party accuses the other of a wrongdoing (the "fault"). The other party may or may not contest. In the past, the parties might use the at fault grounds to obtain a mutually desired and agreed upon divorce: they can agree to an uncontested divorce as long as one of the parties is willing to allege one of the fault-based grounds and the other party accepts the "fault" without contesting it.  The continued availability of fault grounds gives a spouse leverage in extracting a favorable settlement, as he or she can threaten to sue on a fault ground, which may have adverse social or business effects on the other spouse, unless he or she is given what he or she wants in the settlement.

An at fault divorce can be obtained due to the following:

* Cruel and inhuman treatment ([[Domestic Relations Law]] §170.1)
* Abandonment for a continuous period of one year or more ([[Domestic Relations Law|DRL]] §170.2)
* Imprisonment for more than three years subsequent to the marriage ([[Domestic Relations Law|DRL]] §170.3)
* Adultery ([[Domestic Relations Law|DRL]] §170.4)

''Cruel and inhuman treatment'' must be behavior by the defendant that rises to the level such that it makes it improper for the plaintiff to continue to reside with the defendant as husband and wife. Allegations under this ground include allegations of domestic violence and repeated, extreme mental cruelty.

''Abandonment'' may be actual or constructive.  Actual abandonment is usually one spouse leaving the marital residence without the consent of the other spouse without intention to return. One spouse may also lock out the other spouse from the marital residence.  Constructive abandonment is the refusal of "basic obligation arising from the marital contract," including a cessation of sexual relations; establishing such a prior constructive abandonment may render the spouse who leaves, or locks out the other, as the innocent spouse.

''Adultery'' is difficult to prove as it requires corroborating evidence from a third party; thus a statement by the defendant that he or she had sexual relations with a third party is not legally admissible to permit the court to grant a divorce to the plaintiff. Furthermore, if the adultery was "condoned", i.e. the cheated-on party knew about the extra-marital sexual relationship but continued to stay in a marital, conjugal relationship with their spouse, the adultery cannot serve as a cause for divorce.

===Irretrievable breakdown (no fault)===
Since 2010, a new ground has been added, effectively permitting no-fault divorce in New York state:
* The relationship between husband and wife has broken down irretrievably for a period of at least six months ([[Domestic Relations Law|DRL]] §170.7)

The parties may also disagree over [[child support]], [[child custody|custody]], [[alimony]], [[division of property|division of joint assets]] or who is going to pay legal fees. These are known as "ancillary relief" ([[#Ancillary issues|see below]]) that are requested by one or both of the parties.  No judgment of divorce may be granted under the no fault ground unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts’ fees and expenses as well as the custody and visitation with the minor children of the marriage have been resolved by the parties, or determined by the court, and incorporated into the judgment of divorce.<ref>N.Y. Dom. Rel. Law § 170(7).</ref>

===Separation as ground of divorce===
Separation may also be a ground of divorce.
*Judgment of Separation: "Decree of Separation" or "Judgment of Separation", given by the court, for at least one year
* Separation Agreement: Spouses have not lived together for at least one year, and have signed an "Agreement of Separation".<ref>{{cite web|url=http://www.lawny.org/index.php/family-self-help-140/other-family-law-self-help-75/103-new-york-state-grounds-for-divorce|title=New York State Grounds for Divorce|author=Administrator|date=4 April 2016}}</ref>