New York State is a "fault" divorce jurisdiction. Thus, in order to obtain a divorce in New York, there are four specific grounds which must be the underlying reason for the divorce action. At least one of these grounds must be alleged by one spouse. In addition, if the spouses have agreed to separate and do so in accordance with certain proscribed terms, the court may grant a divorce.

Cruel and Inhuman Treatment
• Cruel and inhuman treatment exists where an individual's physical and/or mental state is in danger.

Abandonment for One or More Years
• Abandonment exists when one spouse has voluntarily left the other spouse for at least one year.

Imprisonment for Three or More Years
• Imprisonment refers to time served in prison by one of the spouses.

Adultery
• Adultery is where an individual engages in a sexual relationship with another person outside of the marriage without the other spouse's consent.

Settlement Agreements
• If the spouses have executed a separation agreement for at least one year, and have both fulfilled their respective duties pursuant to the agreement, this can serve as a basis for divorce.