No-Fault Divorce Explained

New York divorces used to take months or even years to resolve as both parties attempt to prove that the other is “at fault.” As the case drags on, the more expensive, frustrating, and stressful the divorce becomes.

Everything changed in 2010 when the senate signed the no-fault divorce law, enabling married couples to file for divorce without the usual fault-based grounds. Getting divorced in New York is now faster and less expensive than before.

This article details what you need to know about getting a no-fault divorce in the state of New York.

What Is a No-Fault Divorce?

In the past, New York spouses needed an “acceptable reason” to file for divorce in New York. Common grounds for divorce included adultery, cruel and inhumane treatment, abandonment for at least a year, and imprisonment after marriage for at least three consecutive years.

Now, married couples may seek a “no-fault divorce.” This means they can file for divorce without having to prove that the other person is at fault. They simply must attest, under oath, that their marriage has been irretrievably broken for at least six months.

Note that for a no-fault divorce to take place, both parties need to resolve divorce-related issues, including child support, alimony, child custody, visitation rights, and property distribution. This can be done through a settlement agreement or via a court order.

Divorce Residency Requirements in New York

Required residence of parties. An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:

1. The parties were married in New York, and at least one of them is a resident and has been a resident for a continuous period of at least one year immediately preceding.
2. The parties have lived in New York as a married couple, and either party was a resident when the divorce action was initiated and has been a resident for a continuous period of a minimum of one year immediately prior to the filing.
3. The cause for the divorce occurred in New York, and either party has been a resident of New York for a continuous period of at least one year immediately before the divorce action was initiated
4. The cause for the divorce occurred in New York, and both parties were residents at the time the divorce action was initiated
5. Either party has been a resident of New York for a continuous period of at least two years immediately before the divorce action was initiated.

Get the Legal Support You Need

For legal advice on divorce-related matters, The Law Offices of Ian S. Mednick, P.C. is here to serve you. We’ll provide the information you need to identify whether a no-fault divorce is the right option for you. Additionally, we’ll guide you throughout the entire process and answer your questions on topics such as child support, custody, and property distribution.

Let us help you navigate the divorce process. We offer a personalized, compassionate approach, and we work hard to achieve the best possible outcome for your case. Contact us today for a free, no-obligation case evaluation.