No-Fault Divorce in New York

• Is New York a no-fault state?
• Why don't you have to prove fault in New York?
• A closer look at fault grounds in New York
• How to file for an uncontested, no-fault divorce in New York
• What about contested divorce?
• References

In New York, the law allows for no-fault divorce. This is a type of divorce where neither party is considered at fault for the breakdown of the marriage. No-fault divorce can be thought of as a more neutral way to end a marriage than filing on the grounds of a transgression, such as adultery. 

Is New York a no-fault state?

New York is considered a no-fault state. This means that the state allows for divorce if there has been a breakdown in a married couple’s relationship that cannot be repaired. It does not assert that one party acted so egregiously that they might be considered legally at fault for the breakdown of the marriage.

Why don't you have to prove fault in New York?

When a couple gets divorced, they must cite a “ground” for divorce. In New York, if the ground you cite is an irretrievable breakdown of the marriage (or irreconcilable differences), you are getting divorced on a no-fault ground. This is often shortened to the term “no-fault divorce.”

There are other grounds for divorce in New York as well. These are considered fault-based grounds:

• Cruelty
• Abandonment
• Imprisonment
• Adultery

In addition, you can get divorced in New York on the grounds that you have been legally separated and living apart for at least one year.

Read: What Are the Grounds for Divorce in New York?

A new law in 2010

The opportunity for no-fault divorce was not always an option in New York. It became a no-fault state in 2010 with the passing of DRL (Domestic Relations Law) Section 170.7. The idea behind no-fault laws is that a person shouldn’t be trapped in an unhappy marriage simply because neither party has transgressed in the marriage. 

New York’s no-fault ground for divorce is fairly typical of no-fault states. While the exact period a marriage needs to irretrievably be broken varies from state to state, these laws are broadly designed so there is a window of time for a marriage to potentially be repaired. This window is not intended to be excessively long. 

In New York, six months is defined as a reasonable window. A marriage in which the parties believe things are irreparable for six months or longer is unlikely to be repaired in the near future. 

A closer look at fault grounds in New York

While New York is a no-fault state, this doesn’t mean there aren’t legally accepted grounds for divorce in which one party may be considered at fault. As mentioned above, there are four types of wrongdoing that are also considered valid grounds for divorce. They are as follows:

• Cruelty: This refers to the cruel and inhuman treatment of one’s spouse in which the plaintiff is physically or mentally endangered.
• Abandonment: This refers to a situation where one spouse leaves the other alone for at least one year. According to New York law, this can include refusing to have sex with one’s spouse for a period of a year. This is termed constructive abandonment.
• Imprisonment: This refers to a situation where legal imprisonment of three or more years results from a spouse committing a crime.
• Adultery: This refers to the act of adultery. Notably, there must be some kind of proof of the adultery for this to be a valid ground for divorce.

How to file for an uncontested, no-fault divorce in New York

If your no-fault divorce is also uncontested, you can follow these steps:

1. Make sure you meet the legal requirements

You must meet New York’s residency requirement and have a valid ground for divorce. In the case of a no-fault divorce, you assert that a breakdown has happened in your marriage that is “irretrievable.” You also assert that the breakdown has been a problem for six months or more.

2. File and serve

One party (the plaintiff) will file a Summons With Notice or a Summons and Complaint. The other spouse will need to be served the Summons and given time to respond. The person who served the defendant will need to fill out an Affidavit of Service, which is essentially a document proving the Summons was properly served.

3. Assess and negotiate

If the divorce is uncontested, the defendant signs papers labeled "Affidavit of Defendant" in which they formally agree to the contents of the summons they received. A person should only do this if they truly agree. The defendant also has the option to challenge the petition and file a counterclaim..

4. Attend a hearing 

If the divorce is uncontested, once all relevant paperwork has been filed, a hearing is scheduled at which time a judge will review what has been agreed upon. Assuming there are no issues, the judge will sign the Judgment of Divorce. 

5. Finalize the divorce

The judgment must be filed with the county clerk's office, which a party in the case may or may not be required to do themselves. Once it is filed, the divorce has been finalized. The parties will no longer be married and will be bound by the terms of the settlement.

What about contested divorce?

It is possible for a no-fault divorce to still be contested. If you and your spouse find yourself unable to agree on all aspects of your divorce terms, your divorce is said to be contested. 

At this point, you have several options. You could each hire lawyers and go to court, which would likely be very costly. Or, you could try other means of dispute resolution, like mediation. 

In divorce mediation, a person trained in conflict resolution works with a divorcing couple to iron out the details of their divorce settlement. Hiring one mediator is far cheaper than hiring two divorce attorneys, and if successful, you can avoid a lot of the stress and heartache typically involved in a litigated divorce.

Suggested: What Is the New York Divorce Process? by Bryan Driscoll, Divorce Content Specialist and Lawyer.

References