Adultery is Not Required for Divorce in New York

Adultery is no longer a required ground for divorce in New York. While it remains a legal reason, divorces can be obtained without proving infidelity. No-fault divorce, based on the irretrievable breakdown of the marriage, is the most common and straightforward path to ending a marriage in New York.

Grounds for Divorce in New York

No-Fault Divorce

This is the most common ground. It requires the marriage to be irretrievably broken for at least six months. You do not need to prove fault from either party.

Adultery

While still a ground, proving adultery can be complex and require significant evidence. It is often pursued for strategic reasons rather than necessity.

Cruel and Inhuman Treatment

This involves conduct that endangers the physical or mental well-being of the complaining spouse, making it unsafe or improper to continue living together.

Abandonment

This occurs when one spouse leaves the marital home for one or more periods, aggregating at least one year, without consent or justification.

Impact of Adultery on Divorce Proceedings

While adultery is not required, its impact depends on how it's addressed.

No-Fault Approach

If a no-fault divorce is pursued, adultery generally has no bearing on the divorce itself, property division, or spousal support.

When Adultery is Proven

If adultery is proven and used as a ground for divorce, it can potentially influence decisions regarding spousal support in some limited circumstances, though this is rare.

Cost and Time Factors

Divorce Method Comparison

Method	Typical Duration	Estimated Cost Range
No-Fault Divorce (Uncontested)	3-6 months	$1,500 - $5,000+
Divorce with Adultery Ground (Contested)	1-3+ years	$10,000 - $50,000+
Divorce with Other Fault Grounds (Contested)	1-3+ years	$10,000 - $50,000+