Irretrievable Breakdown as Grounds for Divorce: A Peaceful Way to Separate
For decades, New York maintained conservative grounds for divorce. Up until 2010, divorcing couples had to prove in court that one party had committed adultery—the only cause the state recognized as reason enough to end a marriage outside of abuse, imprisonment, and abandonment.
New York’s strict divorce laws were meant to discourage non-residents from flocking to the state to take advantage of lax divorce laws (as is the case in Nevada). Unfortunately, it also resulted in New York couples colluding to commit fraud. Reports say that desperate couples would agree to fabricate stories of cheating so they could get divorced.
The state’s decision to include a “no-fault” provision came as a blessing for many divorcing couples because it added “irretrievable breakdown in relationship” as a valid and legally-acceptable reason for divorce. Adultery, after all, is not the only reason marriages end. Couples could fall out of love, become estranged, or decide that they’re better off not married to one another.
As experienced family law attorney, we can help you navigate your way through an amicable divorce in Long Island’s Nassau and Suffolk Counties. We can explain further about the merits of no-fault divorce.
The Embodiment of the No-Fault Provision
Divorces have an ugly reputation, but not all end up in bitter court battles. With the addition of the irretrievable breakdown provision, couples who stay amicable throughout their separation can stay on friendly terms by evading the painful process of proving fault in court. It’s what makes New York a true no-fault divorce state.
Couples, however, must first meet three requirements before they can obtain a divorce on the grounds of irretrievable breakdown.
- Meet the state of New York’s residency requirement
- The marriage has been over for at least six months prior
- The couple has settled all economic issues (ex: debt, division of marital property, child custody, and child support)
Making Divorce Easy for those Who Need It
The 2010 amendment to New York’s divorce law makes it easier for married couples to make their separation legal and official. It removes the need to prove fault where there is none or to commit fraud under oath. It is also an advantage both to the couple and the family court as these cases are unlikely to be long, drawn-out court hearings.
When no-fault divorces proceed without objections or petitions for hearings, divorcing couples and the state can save on time and money.
The Law Offices of Ian S. Mednick, P.C. can help you navigate your divorce in Long Island. We can also assist in finalizing settlements and parental plans; and if your separation is far from amicable, you can count on our aggressive representation.
Call or email us to schedule an appointment.
