If your marriage isn’t working out and you are considering parting ways with your spouse, you might be wondering whether you need specific reasons to divorce. Importantly, New York is a no-fault divorce state. This means you don’t need to blame your spouse for the deterioration of the marital relationship or prove marital misconduct. You only need to demonstrate that your marriage has been “irretrievably broken” for a minimum of six months.

What is No-Fault Divorce?

Every state, including New York, has a statute for no-fault divorce. This allows spouses to legally part ways without proving that either party was responsible for the marriage ending. Notably, a spouse does not need the other’s consent to proceed with a no-fault divorce — they also don’t need specific reasons to divorce. The only requirement is that the petitioning spouse states under oath that the marriage has broken down and cannot be repaired.

Not only can filing for a no-fault divorce simplify the legal process, but it can also make the proceedings less contentious. In addition, since there does not need to be an investigation into marital misconduct, a no-fault divorce can often be finalized faster than a fault-based divorce. It can also be more cost-effective by eliminating the need for lengthy litigation.

Is There Still Fault-Based Divorce in New York?

While New York allows for no-fault divorce, the court will also accept a fault-based divorce. Apart from the no-fault ground of “irretrievable breakdown,” there are several grounds you can use in New York to allege fault in divorce. Reasons to divorce based on fault under New York law can include the following:

• Cruel and inhuman treatment — To assert this fault-based ground for divorce, specific acts of cruelty must have arisen within the last five years. The acts must rise to the level that the filing party is physically or mentally in danger and can no longer safely live with their spouse.
• Abandonment — To use this ground, the filing spouse must show that the other spouse has left the marital home for one year or more without justification and refuses to return.
• Imprisonment — A fault-based divorce on the grounds of imprisonment can be used when a spouse has been imprisoned for a period of three or more consecutive years since the marriage began.
• Adultery — To assert the fault-based ground of adultery, the filing spouse must provide evidence that the other spouse engaged in sexual relations with someone else during the course of the marriage.
• Separation agreement — While not strictly a fault ground, a divorce can also be based on a valid separation agreement that has been filed and the necessary legal requirements for separation are met.
• Judgment of separation — Similar to the grounds of a separation agreement, a judgment of separation can be a divorce ground if the spouses have lived apart for a period of one year or more.

Filing for a fault-based divorce can sometimes give a spouse a strategic advantage in the case. It may also provide a spouse with the closure they need for the end of their marriage — and help ensure the other spouse is held accountable for their wrongdoing. For instance, in some situations, a spouse’s adultery, spousal abuse, or financial misconduct may come into play when determining property division or an alimony award.

Will My Divorce Be Granted Immediately If I File on No-Fault Grounds?

Although no-fault divorce can sometimes make the divorce process more efficient, since there is no need for a lengthy trial to prove fault, it doesn’t mean a divorce will be immediately granted. Just because a divorce is proceeding on “no-fault” grounds doesn’t mean there can’t be contested issues in the case. Whether by mutual agreement between the parties or by order of the court, the following issues must be resolved before a judge will sign the final divorce decree:

• Property division
• Debt allocation
• Child custody
• Child support
• Spousal maintenance

There is no specific time for divorce in New York. If both parties agree on all the issues that must be decided, an uncontested divorce can be finalized in just a few months, depending on the court’s backlog. Contested matters can take significantly longer to resolve, depending on the complexity of the issues in the case and the willingness of the parties to enter into a settlement agreement.

Contact an Experienced New York Divorce Attorney

If you are parting ways with your spouse, you do not need any specific reasons to divorce if you proceed with a no-fault divorce. At Duke Law Firm, P.C., we provide our clients with trusted counsel for a wide variety of divorce and family law matters, including no-fault and fault-based divorce. Offering high-quality representation and personalized legal services, we work closely with our clients to achieve the best possible outcome in every case. We welcome you to contact us today to schedule a consultation to learn how we can help.