Domestic Relations Law §§ 170, 236, 237, 238

1 Domestic Relations Law 170, 236, 237, 238 Effective: October 12, 2010 Mckinney's Consolidated Laws of New York AnnotatedCurrentnessDomesticRelations Law(Refs & Annos) chapter 14. Of the Consolidated Laws(Refs & Annos)Article 10. Action for Divorce(Refs & Annos) 170. Action for divorceAn action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties anddissolving the marriage on any of the following grounds:(1) The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant soendangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff tocohabit with the defendant.

2 (2) The abandonment of the plaintiff by the defendant for a period of one or more years.(3) The confinement of the defendant in prison for a period of three or more consecutive years after the marriageof plaintiff and defendant.(4) The commission of an act of adultery, provided that adultery for the purposes of articles ten, eleven, and el-even-A of this chapter , is hereby defined as the commission of an act of sexual intercourse, oral sexual conductor anal sexual conduct, voluntarily performed by the defendant, with a person other than the plaintiff after themarriage of plaintiff and defendant.

3 Oral sexual conduct and anal sexual conduct include, but are not limited to,sexual conduct as defined insubdivision two of section three of section of thepenal law.(5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one ormore years after the granting of such decree or judgment, and satisfactory proof has been submitted by theplaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment.(6) The husband and wife have lived separate and apart pursuant to a written agreement of separation, sub-scribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded.

4 For a period of one or more years after the execution of such agreement and satisfactory proof has been submit-ted by the plaintiff that he or she has substantially performed all the terms and conditions of such agreement shall be filed in the office of the clerk of the county wherein either party resides. In lieu of fil-ing such agreement, either party to such agreement may file a memorandum of such agreement, which memor-andum shall be similarly subscribed and acknowledged or proved as was the agreement of separation and shallcontain the following information: (a) the names and addresses of each of the parties, (b) the date of marriage ofthe parties, (c) the date of the agreement of separation and (d) the date of this subscription and acknowledgmentor proof of such agreement of separation.

5 (7) The relationship between husband and wife has broken down irretrievably for a period of at least six months,Page 1 McKinney's DRL 170 2010 Thomson Reuters. No Claim to Orig. US Gov. that one party has so stated under oath. No judgment of divorce shall be granted under this subdivisionunless and until the economic issues of equitable distribution of marital property, the payment or waiver ofspousal support, the payment of child support, the payment of counsel and experts' fees and expenses as well asthe custody and visitation with the infant children of the marriage have been resolved by the parties, or determ-ined by the court and incorporated into the judgment of (S)(Added , c.)

6 254, 2. Amended , c. 648, 1; , c. 700, 1, 2; , c. 964, 1; ,c. 835, 1, 2; , c. 867, 1; , c. 801, 1, 2; , c. 719, 1; , c. 920, 7; , , 1; , c. 415, 2; , c. 264, 53, eff. Nov. 1, 2003; , c. 384, 1, eff. Oct. 12, 2010.)HISTORICAL AND STATUTORY NOTES2010 Main , c. 384 legislationSubd. 7. , c. 384, 1, added subd. , c. 384, 2, provides:"This act shall take effect on the sixtieth day [Oct. 12, 2010] after it shall have become a law and and shall applyto matrimonial actions commenced on or after such effective date.

7 " , c. 264 legislationSubd. (4). , c. 264, 53, substituted "intercourse, oral sexual conduct or anal sexual conduct" for "or de-viate sexual intercourse"; substituted "Oral sexual conduct and anal sexual conduct include, but are" for "Devi-ate sexual intercourse includes, but"; and, in two instances, substituted "section" for "Section".DerivationFormer section170, in part, added , c. 313, 7, and repealed by , c. 254, 2. Said section170wasfrom CPA 1147; repealed byCPLR 10001. Said section 1147 derived from CCP 1756; originally revisedfrom , pt.

8 2, c. 8, tit. 1, 's D. R. L. 170,NY DOM REL 170 Current through , chapters 1 to 59 and 61 to 2010 Thomson ReutersEND OF DOCUMENTPage 2 McKinney's DRL 170 2010 Thomson Reuters. No Claim to Orig. US Gov. : October 13, 2010 Mckinney's Consolidated Laws of New York AnnotatedCurrentnessDomesticRelations Law(Refs & Annos) chapter 14. Of the Consolidated Laws(Refs & Annos)Article 13. Provisions Applicable to More Than One Type of Matrimonial Action(Refs & Annos) 236. Special controlling provisions; prior actions or proceedings; new actions or proceedingsExcept as otherwise expressly provided in this section, the provisions of part A shall be controlling with respectto any action or proceeding commenced prior to the date on which the provisions of this section as amended be-come effective[FN1]and the provisions of part B shall be controlling with respect to any action or proceedingcommenced on or after such effective date.

9 Any reference to this section or the provisions hereof in any action,proceeding, judgment, order, rule or agreement shall be deemed and construed to refer to either the provisions ofpart A or part B respectively and exclusively, determined as provided in this paragraph any inconsistent provi-sion of law APRIOR ACTIONS OR PROCEEDINGSA limony, temporary and permanent. 1. Alimony. In any action or proceeding brought (1) during the lifetime ofboth parties to the marriage to annul a marriage or declare the nullity of a void marriage, or (2) for a separation,or (3) for a divorce, the court may direct either spouse to provide suitably for the support of the other as, in thecourt's discretion, justice requires, having regard to the length of time of the marriage, the ability of each spouseto be self supporting, the circumstances of the case and of the respective parties.

10 Such direction may require thepayment of a sum or sums of money either directly to either spouse or to third persons for real and personalproperty and services furnished to either spouse, or for the rental of or mortgage amortization or interest pay-ments, insurance, taxes, repairs or other carrying charges on premises occupied by either spouse, or for bothpayments to either spouse and to such third persons. Such direction shall be effective as of the date of the applic-ation therefor, and any retroactive amount of alimony due shall be paid in one sum or periodic sums, as the courtshall direct, taking into account any amount of temporary alimony which has been paid.