Editing New York divorce law (section)

===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.