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No Fault Divorce in New York State

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The “No-Fault” divorce action can help divorce couples from exhausting financial and emotional resources. Our team of compassionate attorneys can advise you on the best options for your circumstance.

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 have 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.

No Fault Divorce in New York State Infographic
Title: “No-Fault” Divorce in New York State
There is no need for one spouse to be found at fault to grant a Judgment of Divorce.
Couples may terminate their marriages simply by stating under oath in a Supreme Court Action for Divorce that the relationship between spouses has broken down irretrievably for a period of at Least six months.
The No-Fault Ground allows divorcing couples to avoid lengthy and expensive legal proceedings to prove fault that could exhaust the financial and emotional resources of each spouse.
No Actual Judgment of Divorce may be granted on this ground unless and until economic issues of equitable distribution of martial property, payment or waiver of spousal support, payment of child support, payment of counsel fees and expenses, as well as custody and visitations have been resolved.
Albany Divorce Attorneys – The experienced team at O’Connell and Aronowitz is able to advise you about your particular circumstance. Visit us online or call (518) 462-5601.

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