In New York, couples can end their marriage through a no-fault divorce process, which means that they do not need to demonstrate that one spouse was responsible for the marriage’s breakdown. One of the recognized grounds for this type of divorce is the “irretrievable breakdown” of the marriage. But what does this mean exactly?
Breaking down the concept
Under New York law, a resident can file for divorce if their relationship with their spouse has deteriorated to the point where reconciliation is impossible. In simpler terms, this means that the marriage has reached a point where it is beyond repair, and at least one spouse believes there’s no chance of saving it.
To establish this in court, one party must declare under oath that the marriage has broken down irretrievably. This breakdown must have lasted for at least six months. The court also allows unilateral declarations. If one spouse is unwilling or resistant to the divorce, it is not a major issue since only one party needs to make this declaration. The other spouse’s agreement is not necessary.
This is not the only factor considered in divorce
When filing for divorce based on the irretrievable breakdown of marriage, the court requires the resolution of several key issues before granting the divorce. These matters involve both economic and family concerns, such as:
- Spousal support and the distribution of marital assets and debts
- Custody arrangements, financial support and visitation schedules for children
- The payment of costs associated with the divorce process
Both parties may work together to reach mutually acceptable terms on these matters by signing an agreement, which the court will then incorporate into the final divorce judgment.
However, if they cannot reach an agreement, the court will decide based on these unresolved issues based on various factors. The court takes into account several factors when making these decisions, such as how long the couple was married, the financial circumstances of each spouse, what each partner contributed to the marriage and, if children are involved, what arrangements would best serve their interests.
Divorce can be a complicated process
While this law may have simplified the process of ending a marriage in New York in some cases, it doesn’t necessarily make the emotional and practical aspects of divorce any easier. An attorney can provide you with valuable guidance through this complex process.