N.Y. Laws » CHAPTER Domestic Relations / ARTICLE Special Provisions Relating to Divorce and Separation
New York Consolidated Laws

N.Y. Domestic Relations Law § 210 (2026)

Limitations on actions for divorce and separation

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 210. Limitations on actions for divorce and separation. No action
for divorce or separation may be maintained on a ground which arose more
than five years before the date of the commencement of that action for
divorce or separation except where:
  (a) In an action for divorce, the grounds therefor are one of those
specified in subdivision (2), (4), (5) or (6) of section one hundred
seventy of this chapter, or
  (b) In an action for separation, the grounds therefor are one of those
specified in subdivision 2 or 4 of section two hundred of this chapter.
Notes of Decisions
Cited in 18 cases, 1986–2015 · leading case: Strack v. Strack, 31 Misc. 3d 258 (N.Y. Sup. Ct. 2011).
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Strack v. Strack, 31 Misc. 3d 258 (N.Y. Sup. Ct. 2011). · cites it 5× “1 In lieu of an answer, defendant now moves to dismiss the complaint, contending (1) that the complaint lacks specificity (see CPLR 3016 [c]); (2) that the conduct alleged in the complaint is barred *260 by the five-year statute of limitations (see Domestic Relations Law § 210…”
Covington v. Walker, 819 N.E.2d 1025 (N.Y. 2004). · cites it 3× “The issue presented by this appeal is whether plaintiffs cause of action for divorce on the ground of imprisonment pursuant to Domestic Relations Law § 170 (3), brought 16 years after the commencement of defendant’s confinement, is barred by the five-year statute of limitations…”
Sanacore v. Sanacore, 74 A.D.3d 1468 (N.Y. App. Div. 3d Dep't 2010). “He contends that certain of the allegations in the verified complaint occurred prior to the five-year limitations period of Domestic Relations Law § 210. However, when a spouse in a long duration marriage seeks to establish a general course of cruel and inhuman treatment, such…”
McKilligan v. McKilligan, 156 A.D.2d 904 (N.Y. App. Div. 3d Dep't 1989). “In this case Supreme Court allowed testimony as to incidents prior to the five-year Statute of Limitations (Domestic Relations Law § 210) and which were not specifically mentioned in the pleadings.”
Tuper, Patricia P. v. Tuper, Kenneth E., 98 A.D.3d 55 (N.Y. App. Div. 4th Dep't 2012). “We agree with defendant that a cause of action under the no-fault statute is subject to the five-year limitations period set forth in Domestic Relations Law § 210. We do not agree with *58 defendant, however, that this action is time-barred inasmuch as plaintiff failed to…”
Vestal v. Vestal, 273 A.D.2d 461 (N.Y. App. Div. 2d Dep't 2000). · cites it 2× “), dated June 11, 1999, as denied his motion to dismiss the complaint for lack of specificity in pleading, failure to state a cause of action, and as time-barred by Domestic Relations Law § 210, and (2) an order of the same court, dated September 9, 1999, as denied his motion to…”
Grubman v. Grubman, 156 A.D.2d 200 (N.Y. App. Div. 1st Dep't 1989). · cites it 2× “), entered October 13, 1988, which denied plaintiffs motion, pursuant to CPLR 3013, 3014, 3016 and 3211 and Domestic Relations Law § 210, for dismissal of defendant’s counterclaim, and which denied defendant’s cross motion, pursuant to CPLR 3013, 3016 and 3211, for an order…”
Miglio v. Miglio, 147 A.D.2d 460 (N.Y. App. Div. 2d Dep't 1989). “We find unpersuasive the defendant’s contention that various paragraphs of the complaint should be stricken because they set forth alleged incidents of cruel and inhuman treatment which occurred more than five years prior to the com *461 mencement of the instant action for…”
Covington v. Walker, 307 A.D.2d 908 (N.Y. App. Div. 2d Dep't 2003). “” Domestic Relations Law § 210 provides that no action for divorce can be commenced on a ground which “arose more than five years before the date of the commencement” of the action.”
Peress v. Peress, 176 A.D.2d 191 (N.Y. App. Div. 1st Dep't 1991). · cites it 2× “), entered on September 10, 1990, which, inter alia, denied defendant’s motion pursuant to CPLR 3211 (a) (7) and Domestic Relations Law § 210 for an order dismissing the plaintiff’s complaint on the ground that it fails to state a cause of action and on the ground that the…”
Pavlo v. Pavlo, 137 Misc. 2d 418 (N.Y. Sup. Ct. 1987). “Furthermore, the defendant is advised that pursuant to Domestic Relations Law § 210 the Statute of Limitations for any actions constituting cruel and inhuman treatment as a basis for a divorce claim is five years.”
Stancil v. Stancil, 47 Misc. 3d 873 (N.Y. Sup. Ct. 2015). · cites it 2× “Courts have also been made to wrestle with Domestic Relations Law § 210 (a) in the wake of the legislature implementing no-fault divorce.”
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