New York Domestic Relations Law §170(2) and §170(7): Understanding the Grounds for Divorce

New York Domestic Relations Law (DRL) §170 establishes the legal grounds upon which a person may obtain a divorce. Among the seven recognized grounds, DRL §170(2), which addresses abandonment, and DRL §170(7), which provides for irretrievable breakdown of the marriage, are two commonly discussed provisions. While both permit a court to grant a divorce, they differ significantly in the proof required and the practical advantages they offer.

DRL §170(2) allows a spouse to seek a divorce on the ground of abandonment. To succeed under this provision, the plaintiff must prove that the defendant abandoned the marriage for a continuous period of at least one year before the divorce action was commenced. Abandonment may occur when one spouse physically leaves the marital home without justification or the consent of the other spouse. It may also include constructive abandonment, where one spouse unjustifiably refuses marital relations for at least one year, or lockout abandonment, where one spouse excludes the other from the marital residence. Because abandonment is a fault-based ground, the spouse seeking the divorce bears the burden of presenting sufficient evidence to establish the claim.

Historically, spouses relied on DRL §170(2) when they wished to demonstrate that the other party's misconduct caused the breakdown of the marriage. In certain cases, proving abandonment may have strategic value, particularly if the facts clearly support the claim. However, fault-based divorces often require additional testimony, evidence, and litigation, increasing both the cost and the emotional strain of the divorce process. If the court finds that the required elements of abandonment have not been proven, the divorce may be delayed or denied on that ground.

In contrast, DRL §170(7), enacted in 2010, established New York's no-fault divorce law. Under this provision, a spouse need only state under oath that the marriage has broken down irretrievably for at least six months. Unlike abandonment, there is no requirement to prove wrongdoing or assign blame to either spouse. The court may grant the divorce once all related issues, such as equitable distribution of marital property, spousal maintenance, child support, custody, visitation, and counsel fees, have been resolved or determined by the court and incorporated into the judgment.

For most individuals, filing under DRL §170(7) is the preferred option. It simplifies the divorce process by eliminating the need to prove fault, reducing unnecessary conflict, and allowing the parties to focus on resolving financial and parenting issues. Because the court does not need to hear evidence regarding misconduct, uncontested divorces often proceed more efficiently, saving both time and legal expenses. The no-fault approach also promotes a less adversarial process, which can be particularly beneficial when children are involved or when the parties hope to maintain a cooperative relationship after the divorce.

In conclusion, while DRL §170(2) remains an available fault-based ground for divorce based on abandonment, DRL §170(7) has become the most commonly used ground because it provides a simpler and less contentious path to dissolving a marriage. For most couples whose relationship has permanently ended, filing under DRL §170(7) is generally the most practical and efficient method of obtaining a divorce under New York law.