Until recently, New York had been one of the most difficult states in the US in which to get a divorce. This is because until that date New York required that you have a legally sufficient ground for divorce - as narrowly defined by law - before your divorce could be granted.

A new statute that came into effect in October 2010 provides for a new ground for divorce, namely: "Irretrievable Breakdown in Relationship."  If the party seeking divorce can show that the marriage relationship has broken down to the point that reconciliation is not possible, and that that situation has continued for at least 6 months before the divorce action is begun, then the plaintiff has a valid ground for divorce.

The other traditional grounds for divorce are still available in New York if the parties wish to use them:

Abandonment

a) Actual abandonment is when your spouse leaves you. You can start a divorce action on this ground one year after your spouse has moved out.

b) Constructive abandonment is when your spouse denies you access to your house and refuses to let you return. You can start a divorce action on this ground one year after your spouse locks you out.

c) Sexual abandonment is when your spouse denies you sexual relations. You can start a divorce action on this ground one year after you last slept together.

Cruel and Inhuman Treatment
This ground requires you to specify things your spouse did to you that made it unreasonable or unsafe for you to continue to live together.

Written Separation Agreement
Being separated is not, by itself, a ground for divorce. To use this as a ground, you need a written separation agreement between husband and wife. The agreement sets out the terms under which you are living separately, such as division of property, custody, child support, spousal support, etc. Once you have been separated from your spouse with a separation agreement in effect for at least a year, this can be used as a ground for divorce.

There are other grounds for divorce, such as adultery and imprisonment, but these tend to be difficult to use in practice.