The causes of action for Divorce in New York State (accusations against the Defendant that are grounds for divorce) are limited to:

   * Cruel and inhuman treatment (Domestic Relations Law §170.1)
   * Abandonment for a continuous period of one year or more (DRL §170.2)
   * Imprisonment for more than three years subsequent to the marriage
     (DRL §170.3)
   * Adultery (DRL §170.4)
   * Conversion of a Separation Judgment (DRL §170.5)
   * Conversion of a written Separation Agreement (DRL §170.6)

One or more of these grounds for divorce are most often used if only one party to the marriage wants a divorce, or if the parties disagree over child support, custody, alimony, or division of joint assets.

The grounds do not include any accusation of bad conduct against the Plaintiff, or any of the following:

   * Irreconcilable differences
   * Incompatibility
   * No-fault
   * Mutual consent
   * No communication

The grounds in all cases must be specifically stated in the pleadings, giving factual details, dates, and actual places of occurrence. Lack of proper content is not an affirmative defense; the Plaintiff must prove their argument(s), even of uncontroverted allegations. Failure to state a cause of action will result in a judgment dismissing the Complaint.

External Links http://www.divorcesource.com/NY/info/legalprocess.shtml
NY Divorce FAQ Page: http://www.victorylibrary.com/divorce/faq.htm
New York Official Divorce Packet: http://courts.state.ny.us/toc-ud.htm