What is a No-Fault Divorce in New York?

When a spouse wishes to divorce their partner, they are required to file a complaint with the court. Within this, they must state the type of divorce they are filing for. In the state of New York, there are two options for divorce: a fault-based divorce or a no-fault divorce. When entering a no-fault divorce, it is important to understand what it is and the process. Continue reading below to learn more and contact an experienced New York divorce attorney for help with your case.

What is a No-Fault Divorce?

Couples go through a no-fault divorce when neither party wants to hold the other accountable for the end of their marriage. This is often the case when the marriage has certain issues that one or both spouses believe cannot be resolved, therefore the wish to end the relationship. Legally, this is referred to as “irreconcilable differences.” A common reason that spouses may disagree is if one does not want to divorce and the other does. Other disagreements may be in regard to raising children or handling financial matters. It is important to know that courts in New York cannot deny a no-fault divorce. However, before it is granted, both parties are required to reach agreements regarding the future of their marital issues. This can include asset and debt division, child support, child custody, alimony, etc.

What are the Requirements of a No-Fault Divorce?

When a couple wants to file a no-fault divorce in New York, there are certain requirements they should be aware of. This includes a spouse needing to testify that the marriage has been “irretrievably broken.” New York Domestic Relations Law §170(7), permits anyone to allege their divorce complaint that “the relationship between husband and wife has broken down irretrievably for a period of at least six months.” 

Contact our Firm

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.