Irretrievable Breakdown in New York | What to Know

contact us for a Free Consultation

Some divorces occur because of a specific reason. But, in a lot of cases, couples simply find that their marriage no longer works. Luckily, New York is a no-fault state. This means couples can cite an irretrievable breakdown of the marriage. Read on to learn more about fault grounds in New York and the options you have.

New York’s Fault Grounds

When filing for a divorce, you will have to cite grounds. Grounds refer to the legal reason your divorce is occurring. In New York, you can cite the following grounds:

  • Adultery
  • Imprisonment
  • Cruel and inhuman treatment
  • Abandonment
  • Divorce after a legal separation agreement
  • Divorce after a judgment of separation

Oftentimes, couples will file for a no-fault divorce. This means that the divorce is not the fault of one party, but simply that the marriage no longer works and is beyond repair. This is called an irretrievable breakdown.

Irretrievable Breakdown

To file a no-fault divorce in New York State, you will have to cite an irretrievable breakdown for a period of 6 months or more prior to the commencement of the action for divorce. Most couples opt for a no-fault divorce because they cannot be contested. Additionally, if you cite fault grounds, you may have to provide proof. This means that if you cite adultery as the reason for your divorce, you may have to provide the court with proof that this adultery occurred. Often, no-fault divorces are less expensive and more private.

Uncontested vs. Uncontested Divorce

An uncontested divorce occurs when the matters of the divorce can be resolved outside of court. This means the couple must come to an agreement about things like alimony, child support, child custody, division of assets, and so on. This can be difficult to agree upon, so many couples choose the process of mediation. Mediation involves a neutral third party guiding the couple through the matters of their divorce. If a couple cannot come to an agreement, they may turn to litigation. During litigation, a couple will take their divorce to court, allowing a judge to make decisions on their behalf. This process tends to be longer and more expensive.

If you are getting a divorce in New York, you will need a dedicated attorney on your side. Contact our firm today to learn more about the divorce process and speak with an experienced attorney.


Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.

Our Recent Blogs

How is Mediation Different from Collaborative Divorce?

Many couples who are going through a divorce disagree on nearly every topic. One thing they may have in common, though, is the knowledge…
Read More

How is Pet Custody Determined in New Jersey?

Divorce can be a long and grueling process. When two people’s lives are so intertwined, deciding to end the relationship and divide your lives…
Read More