If you are in New York and considering divorce, it might be a good time to familiarize yourself with the various grounds for divorce recognized by the state. Understanding these grounds can be crucial as they dictate the legal basis on which you can seek a divorce.
New York allows for both fault and no-fault grounds for divorce. No-fault grounds center around the concept of an “irretrievable breakdown of the marriage.”
What constitutes an irretrievable breakdown of marriage?
An irretrievable breakdown of marriage gives you the legal basis to seek a divorce in New York without the need to prove fault or blame on either spouse. The following conditions must be fulfilled for a marriage to be considered irretrievably broken down:
- Irretrievable breakdown: This condition indicates that there has been an irreversible breakdown in the marital relationship. It implies that the marriage has reached a point where reconciliation is no longer feasible and there is no reasonable expectation of restoring the relationship.
- Duration of breakdown: The law requires that the irretrievable breakdown of the marriage has endured for a minimum duration of six months. This time frame ensures that the breakdown is not merely a temporary disagreement or conflict but represents a significant and prolonged deterioration of the marital relationship.
- Statement under oath: To proceed with a divorce based on irretrievable breakdown, one of the spouses must provide sworn testimony or affirmation confirming the breakdown of the marriage. This requirement ensures that the decision to seek a divorce is made deliberately and truthfully by one of the parties.
- Resolution of economic issues: Apart from demonstrating the irretrievable breakdown of the marriage, the party seeking the divorce must also address the economic aspects of the divorce including the payment or waiver of certain obligations. This encompasses matters such as the equitable distribution of marital assets, spousal support (alimony), child support, payment of legal and expert fees as well as arrangements for custody and visitation of minor children.
What are the other no-fault grounds for divorce in New York?
You can also seek a no-fault divorce if:
- You have lived separate and apart from your spouse pursuant to a valid separation agreement for at least one year. This agreement must be in writing, voluntarily executed and address key issues such as property division, spousal support, child custody and visitation.
- You have lived separate and apart from your spouse pursuant to a court-ordered judgment of separation for at least one year. This judgment must be obtained through legal proceedings and must also address the same essential issues as a separation agreement.
A no-fault divorce is based on spouses prioritizing the dissolution of their marriage without assigning blame or fault to either party. At The Law Firm of Poppe & Associates, PLLC, our focus is relentless advocacy for our clients. If you or someone you know is considering divorce, reach out to schedule a consultation at 646-665-3903 or by contacting us online.
Let Me Be Your Brave
Mia Poppe, Esq.
Managing Partner
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