This site is owned by David A. Browde P.C., a New York law firm featuring personal service in the areas of divorce, civil litigation, white collar defense and trademarks.

While we're under development here, please feel free to visit our original site: http://www.browdelaw.com

In the meantime - please be aware that New York is the one state in the nation in which no fault divorce is not available. In order to get a divorce, you need one of the grounds listed in Domestic Relations Law Section 170 - and if you can't show grounds, the Court will have no choice but to dismiss your case. The relevant section of the law is below:

Sec. 170. Action for divorce

An action for divorce may be maintained by a husband or wife to procure a judgment divorcing the parties and dissolving 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 so endangers the physical or mental well being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.

(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 marriage of plaintiff and defendant.

(4) The commission of an act of adultery, provided that adultery for the purposes of articles ten, eleven, and eleven-A of this chapter, is hereby defined as the commission of an act of sexual [fig 1] intercourse, oral sexual conduct or anal sexual conduct, voluntarily performed by the defendant, with a person other than the plaintiff after the marriage of plaintiff and defendant. [fig 2] Oral sexual conduct and anal sexual conduct include, but are not limited to, sexual conduct as defined in subdivision two of [fig 3] section 130.00 and subdivision three of [fig 4] section 130.20 of the penal law.

(5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff 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, subscribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded, for a period of one or more years after the execution of such agreement and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such agreement. Such agreement shall be filed in the office of the clerk of the county wherein either party resides. In lieu of filing such agreement, either party to such agreement may file a memorandum of such agreement, which memorandum shall be similarly subscribed and acknowledged or proved as was the agreement of separation and shall contain the following information: (a) the names and addresses of each of the parties, (b) the date of marriage of the parties, (c) the date of the agreement of separation and (d) the date of this subscription and acknowledgment or proof of such agreement of separation.

David A. Browde, P.C., 604 Quaker Road, Chappaqua, NY 10514 - 914-861-9119  - info@browdelaw.com  We're also developing the site at http:/www.internetlawyersonline.info - as our new site - but it's still a few weeks away from being ready.

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