Is New York a No-Fault Divorce State?
No-Fault Divorce in New York, Explained
Short Answer
Yes. Since October 2010, New York has allowed no-fault divorce. A spouse can obtain a divorce by stating under oath that the marriage has been irretrievably broken for at least six months — without proving any wrongdoing by the other spouse.
What No-Fault Divorce Means
No-fault divorce allows a marriage to end without either spouse being blamed for its breakdown. Before 2010, New York required proving a fault ground such as cruelty or abandonment. Today, one spouse simply attesting that the relationship is beyond repair is enough to proceed.
The “Irretrievable Breakdown” Ground
The no-fault ground requires a sworn statement that the marriage has been irretrievably broken for a period of at least six months. Only one spouse needs to make this statement — the other cannot prevent the divorce by disagreeing that the marriage is over.
Fault Grounds Still Exist
New York still recognizes fault grounds — including cruel and inhuman treatment, abandonment, and adultery — but they are rarely used today because the no-fault ground is simpler and avoids airing painful allegations in court.
Does No-Fault Make Divorce Easier?
No-fault removes the need to prove blame, but it does not eliminate the work of resolving property division, support, and custody. Those issues must still be settled or decided before the divorce is final, whether the divorce is no-fault or not.
Resolving the Issues That Remain
Because the grounds are rarely the real fight, the real work is reaching a fair resolution on finances and children. That is where our resolution-focused approach protects you — settling the issues that matter, out of court whenever possible.
This page provides general information about New York divorce law and is not legal advice. Every case is different — for guidance on your specific situation, speak with a NYC divorce attorney.
