What is a No-Fault Divorce in New York?

As a Syracuse family law attorney practicing across Central New York, I'm often posed questions from clients about the divorce process. For many years, getting a divorce in New York required proving that one spouse was “at fault” for the breakdown of the marriage, such as through adultery, cruelty, or abandonment, which often led to lengthy, contentious court battles. That changed in 2010 when New York became the last state in the country to adopt no-fault divorce. Today, couples can end their marriage without blaming either party for wrongdoing. In this post we discuss the requirements of no-fault divorce in New York and the process for obtaining it.

What Does "No-Fault" Mean?

A no-fault divorce simply means that neither spouse has to prove the other did something wrong to cause the marriage to fail. Instead, the person filing for divorce only needs to state that the marriage has been “irretrievably broken” for at least six months. This allows couples to move forward with the divorce process without focusing on assigning blame, something that often makes an already emotional process even more difficult.

The specific no-fault ground in New York is "irretrievable breakdown of the marriage" for a period of at least six months. This means one spouse must swear under oath that the relationship has broken down irretrievably. Importantly, the other spouse doesn't need to agree to the divorce; as long as the filing spouse meets the requirements, the court can proceed.

Key Requirements for a No-Fault Divorce

To file for a no-fault divorce in New York, you must satisfy certain prerequisites:

• Residency: At least one spouse must have resided in New York continuously for two years before filing. This drops to one year if you were married in New York, lived here as a married couple, or if the grounds for divorce occurred in the state.

• Sworn Statement: The filing spouse submits a statement affirming the irretrievable breakdown.

• Resolution of Issues: Before the divorce is finalized, all ancillary matters must be settled. This includes equitable distribution of marital property, spousal maintenance (alimony), child custody, visitation, and child support. If these aren't agreed upon, the court will decide them.

Does Fault-Based Divorce Still Exist

Yes. While nearly all divorces in New York are presently resolved on no-fault grounds, the state does still allow fault-based grounds such as adultery, cruelty, abandonment, or imprisonment. However, the use of these grounds has become exceedingly rare, and, in most cases, a no-fault divorce is the simpler and more efficient path.

Final Thoughts

If you have questions about no-fault divorce or need guidance on your specific circumstances, feel free to reach out to our office for a consultation with an experienced Syracuse family law attorney.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and guidelines can change, so always verify with current statutes or a professional.