A no-fault divorce allows a spouse to end the marriage without proving that the other spouse did something wrong. In New York, the law permits divorce if the relationship has broken down for at least six months.
The law refers to this reason as an “irretrievable breakdown” of the marriage. Knowing how to prove an irrevocable breakdown will help you understand your divorce options even if your spouse does not agree.
Residency requirement
To file for a no-fault divorce, at least one spouse must meet the residency requirement. The most common situation to meet this requirement is when one spouse has lived in New York for at least two years before filing. If the couple got married in New York or lived in New York as a married couple, the required time decreases to one year. If the cause for the divorce happened in New York and both spouses live in the state, then there is no minimum time.
Filing with the county clerk
The actual divorce process begins when one spouse files a divorce summons with the county clerk. That spouse must then serve the other spouse with the summons. This action notifies the other spouse of the divorce filing. After receiving the summons, the other spouse has the chance to respond. If both spouses agree on issues like property division, support and parenting, then the divorce may proceed more quickly.
Resolving contentious issues
Even with a no-fault divorce, the couple must resolve all matters related to the marriage. This includes spousal support, child custody, parenting time, child support and division of marital assets. The court will not finalize the divorce until the couple settles all these issues either by agreement or court decision.
Overcoming an objection
New York does not require a divorce to be uncontested to consider it a no-fault divorce. The state allows couples to use a no-fault ground even when one spouse disagrees with the divorce. As long as one spouse swears under oath that the relationship has broken down for at least six months and settlement issues reach a resolution, the court can grant the divorce.
No-fault divorce in New York are beneficial for helping spouses avoid blame and focus on resolving important matters. It provides a legal path to end a marriage respectfully and with less conflict, as long as the couple follows the legal steps and resolves all relevant issues.