What does all this mean? Currently, New York law permits divorce where the spouse suing for divorce pleads specific grounds, which are limited to: "cruel and inhuman treatment", abandonment for one year or more, imprisonment for three years or more, or adultery; or where the couple have a valid separation agreement or decree and have lived apart for one year or longer.
The new law, which amends section 170 (among others) of the Domestic Relations Law, allows divorce where one spouse pleads that, "The relationship between husband and wife has broken down irretrievably for a period of at least six months." Or, in other words, so long as one spouse wants the divorce, he or she can get it without having to give any specific reason.
That said, the law requires all financial issues, including distribution of property, spousal and child support, and attorney's fees and costs, as well as child custody and visitation, to be worked out before the court will make the divorce final.
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