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The criteria for a no-fault divorce in New York

On Behalf of | Sep 12, 2023 | Divorce |

Regardless of whether one spouse was to blame for the end of a marriage, the burden will fall on the spouse filing for divorce to prove fault based on acceptable legal grounds. Proving fault can not only be expensive and time-consuming but also emotionally taxing, especially when you need evidence to support your spouse committed adultery or abuse of any sort.

Fortunately, if you meet New York’s residency requirements, the only criteria you will need to file a no-fault divorce is to state, under oath, that your marriage has been failing beyond repair for at least six months. The irretrievable breakdown of a marriage is the no-fault ground of divorce in New York.

Are there other requirements to file a no-fault divorce?

It should be as simple as declaring the irretrievable breakdown of your marriage for the minimum period. However, any divorce can only be final once you and your spouse can agree on all the issues that are relevant to your divorce. These include the following:

  • Child support
  • Spousal support
  • Distribution of marital property
  • Custody
  • Visitation

These matters can be challenging to settle between divorcing spouses and become the reason court intervention becomes necessary. The problem with a courtroom setting is that it can turn ugly and adversarial, primarily when either spouse uses the avenue to get back at the spouse who was responsible for the breakdown of the marriage. It prevents you from pursuing an uncontested divorce, which is still faster and easier than a contested no-fault divorce.

What is an uncontested divorce?

An uncontested divorce is when spouses can agree on all the matters above and negotiate a settlement agreement to finalize the divorce out of court. You can do this through a collaborative divorce, a four-way meeting between spouses and their respective attorneys. Your attorneys will represent your best interest. They may enlist the help of financial advisers and other professionals to reach a settlement that is beneficial for all parties involved.

A divorce is different for everyone, but knowing your options can help you maximize the process and obtain a favorable, even amicable outcome.