No-Fault Divorce in New York State
In 2010, New York was the last state in the United States to enact a true “no-fault” divorce statute. Now, a spouse seeking a divorce in New York State may allege under oath, in a Verified Complaint, that the relationship of the spouses has broken down irretrievably for a period of at least six months.
In other states, this ground is known as “irreconcilable differences.” While the exact differences may vary depending on the case, in essence this means that the spouses have not been able to get along for a six-month period.
There is no defense to this ground for no-fault divorce by the other spouse. In New York State, when one spouse seeks to be divorced on the no-fault ground, the divorce will be granted, but only after all economic issues, including spousal support, child support, equitable distribution of marital assets and liabilities, counsel fees and expenses, and custodial issuers are resolved.
The availability of no-fault divorce in New York State did not eliminate the other grounds for divorce. They include adultery, abandonment, and cruel and inhuman treatment. While these may still be alleged, they must be proved. The expense and upheaval associated with doing so has now made these grounds for divorce rare.
In addition, the availability of a true no-fault divorce in New York State has made the divorce process faster and less expensive. By eliminating the need to allege and prove your spouse’s bad behavior, New York State has improved the chances that divorcing couples will remain civil to one another and able to co-parent for the sake of the children.
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A no-fault divorce can still be contested, which is why it’s important to have a skilled divorce lawyer on your side. We can let you know if a no-fault divorce is right for you. If you need an experienced no-fault divorce attorney in New York State, contact O’Connell & Aronowitz today.