Is New York A No-Fault State for Divorce? from Marsha's blog

Indeed, divorce is unfavorable in New York. However, it's important to understand the context and implications of this status, as well as the options available to couples seeking divorce in New York.

No-Fault Divorce in New York: A Relatively Recent Development

New York became a no-fault divorce state relatively recently, with the law taking effect on October 12, 2010. Before this change, New York was the last state in the U.S. to require fault-based grounds for divorce. The introduction of no-fault divorce marked a significant shift in the state's approach to marital dissolution.

Understanding No-Fault Divorce

In a no-fault divorce, neither spouse is required to prove that the other party did something wrong to cause the breakdown of the marriage. The concept is based on the recognition that sometimes marriages fail without either party being at fault, or that assigning blame is not always productive or necessary.

New York's No-Fault Ground: Irretrievable Breakdown

Under New York law, the no-fault ground for divorce is termed "irretrievable breakdown of the marriage." To obtain a no-fault divorce, one spouse must swear under oath that the marriage has been broken irretrievably for a minimum of half a year. This statement alone is sufficient grounds for the divorce, provided that all other matters such as property division, child custody, and support are resolved.

Benefits of No-Fault Divorce

1. Reduced conflict: By eliminating the need to prove fault, the process can be less adversarial.

2. Privacy: Couples can avoid airing personal grievances in court.

3. Faster resolutions: No-fault divorces can often be processed more quickly.

4. Cost-effective: With less litigation over proving fault, legal costs may be lower.

5. Emotional benefits: The focus shifts from blame to resolution, potentially easing emotional stress.

Fault-Based Grounds Still Available

Is New York A No Fault State for Divorce, it's important to note that fault-based grounds for divorce still exist and can be used if a spouse chooses to do so. These grounds include:

1. Cruel and inhuman treatment

2. Abandonment for a continuous period of one year or more

3. Imprisonment for three or more consecutive years

4. Adultery

Choosing between No-Fault and Fault-Based Divorce

The decision to file for a no-fault or fault-based divorce depends on the specific circumstances of each case. In most instances, no-fault divorce is the simpler and more straightforward option. However, there may be situations where a spouse feels it's important to establish fault, particularly if it might impact issues like property division or spousal support.

Residency Requirements

Regardless of whether a couple opts for a no-fault or fault-based divorce, they must meet New York's residency requirements. These stipulate that either:

• One spouse has been living in New York continuously for at least two years before filing for divorce

• Both spouses are residents of New York on the day of filing, and the grounds for divorce occurred in New York

• Either partner must have resided in New York continuously for a minimum of a year prior to filing, and either the couple was married in the state, they lived there as a married couple, or the divorce was based there. 

New York's status as a no-fault divorce state provides couples with a straightforward path to ending their marriage without the need to prove wrongdoing. This approach often allows for a less contentious and more efficient divorce process. However, the availability of fault-based grounds ensures that spouses have options in cases where establishing fault may be relevant or necessary. Ultimately, the choice between no-fault and fault-based divorce should be made carefully, considering the unique circumstances of each case and potentially with the guidance of a legal professional.