"Grounds" - The Causes of Action for Divorce

We inform people who are considering divorce that New York only became a no-fault state in October of 2010 when section 7 was added to DRL § 170. Before October of 2010, New York required a "fault" cause of action in order to obtain a divorce. This meant a "grounds" trial wherein the party seeking the divorce had to prove that they were entitled to it. Fortunately, the New York Legislature added a cause of action for divorce on the grounds of "irretrievable breakdown" of the marriage for at least 6 or more months. This new cause of action is very popular in that there is really no defense, and hence, no trial. So, while you must still include a cause action in your complaint for divorce, most people proceed on the grounds of "irretrievable breakdown". The advantages are undeniable. However, you may still include causes of action for cruel and inhuman treatment, adultery, non-voluntary separation [i.e. abandonment (a one year or more non-voluntary separation)] or "constructive abandonment" (which essentially means a refusal to have sexual relations for one or more years). However, with the exception of the irretrievable breakdown cause, you may have a "fault" trial which takes time and since matrimonial attorneys charge by the hour, time translates to additional counsel fees for both parties.