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New York Domestic Relations - Article 11 - § 200 Action for Separation

Legal Research Home > New York Laws > Domestic Relations > New York Domestic Relations - Article 11 - § 200 Action for Separation


Domestic Relations 
 
    § 200. Action for separation. An action may be maintained by a husband
  or  wife  against  the other party to the marriage to procure a judgment
  separating the parties from bed and board, forever,  or  for  a  limited
  time, for any of the following causes:
    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.
    3. The neglect or refusal of the defendant-spouse to provide  for  the
  support of the plaintiff-spouse where the defendant-spouse is chargeable
  with  such  support  under  the provisions of section thirty-two of this
  chapter or of section four hundred twelve of the family court act.
    4. The commission of an act of adultery by the defendant; except where
  such offense is committed by the procurement or with the  connivance  of
  the  plaintiff  or  where there is voluntary cohabitation of the parties
  with the knowledge of the offense or  where  action  was  not  commenced
  within  five  years  after the discovery by the plaintiff of the offense
  charged or where the plaintiff has also been guilty  of  adultery  under
  such  circumstances  that  the  defendant  would  have been entitled, if
  innocent, to a divorce, provided that adultery for the purposes of  this
  subdivision  is  hereby  defined  as  the commission of an act of sexual
  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. Oral sexual conduct and anal
  sexual conduct include, but  are  not  limited  to,  sexual  conduct  as
  defined  in  subdivision  two of section 130.00 and subdivision three of
  section 130.20 of the penal law.
    5. The confinement of the defendant in prison for a period of three or
  more consecutive years after the marriage of plaintiff and defendant.
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Last modified: February 15, 2014