New York Domestic Relations Law § 170(1) Cruel and Inhuman Treatment

New York Domestic Relations Law (DRL) § 170 sets forth the legal grounds upon which a spouse may obtain a divorce. Before 2010, New York required a party to establish one of several fault-based or separation-based grounds for divorce. The enactment of DRL § 170(7), commonly known as the "no-fault divorce" statute, significantly changed New York matrimonial law by allowing a divorce based on the irretrievable breakdown of the marriage. Although DRL § 170(1), which permits divorce based upon cruel and inhuman treatment, remains available, DRL § 170(7) is generally the preferred cause of action because it is simpler, less contentious, and requires substantially less proof.

Under DRL § 170(1), a plaintiff must prove that the defendant engaged in cruel and inhuman treatment that endangered the plaintiff's physical or mental well-being to such an extent that it became unsafe or improper for the parties to continue living together. Mere marital disagreements, incompatibility, personality conflicts, or isolated arguments are insufficient to satisfy the statute. Instead, the plaintiff must establish serious misconduct through detailed testimony and, where available, corroborating evidence such as police reports, medical records, witness testimony, photographs, or orders of protection. Courts generally require specific facts concerning the nature of the conduct, when it occurred, and how it affected the plaintiff. In long-term marriages, New York courts often apply an even higher standard, requiring especially egregious conduct before granting a divorce on this ground.

By contrast, DRL § 170(7), enacted in 2010, created New York's no-fault divorce. Under this provision, a divorce may be granted when one spouse states under oath that the marriage has broken down irretrievably for at least six months. The truth of that sworn statement generally is not subject to litigation, and the opposing spouse cannot prevent the divorce merely by denying that the marriage has ended. The court may grant the divorce once all ancillary issues—including equitable distribution, maintenance, child support, custody, and counsel fees—have been resolved either by agreement or by court order.

DRL § 170(7) is generally the better cause of action because it eliminates the need to prove marital fault. Rather than forcing parties to present painful and often embarrassing evidence of misconduct, it allows the litigation to focus on resolving financial and parenting issues. This reduces emotional conflict, limits unnecessary discovery, and often decreases litigation costs and delays. It also minimizes the likelihood that one spouse will contest the divorce solely to dispute allegations of misconduct. While fault-based grounds such as cruel and inhuman treatment may still be appropriate in certain circumstances, particularly where the facts may be relevant to custody or other issues, most divorcing spouses benefit from proceeding under DRL § 170(7). As a result, no-fault divorce has become the primary ground used in New York matrimonial actions because it provides a more efficient and less adversarial path to dissolving a marriage.

Capetola & Divins, P.C., a Long Island based matrimonial firm can assist you with any questions you may have on grounds for divorce while helping you navigate your way through the divorce process.