updated May 11, 2023 · 6min read
Divorce in New York used to be one of the most expensive court proceedings in that state. Fault-based divorces, where one of the spouses was “at fault"—such as by committing adultery or by abandoning the other spouse—could take months and even years to resolve. It was not uncommon to spend many thousands of dollars to get divorced in New York. The more spouses litigated fault, the uglier, more expensive, and more stressful the divorce became.
This changed in 2010 when New York became the last state to allow no-fault divorce. Filing a no-fault divorce can save a lot of money because nobody has to prove fault. The addition of no-fault divorce in New York has often eliminated extended trials just to prove the grounds for divorce. Getting a New York divorce is now easier and less costly if spouses file for a no-fault divorce.
New York is not a true no-fault state. There are still grounds for divorce, although many people are now filing for divorce under the easier no-fault law.
No-fault divorce means you do not have to prove that the marriage is coming to an end because of something that is the other spouse's fault. All that has to be proved and stated in your divorce papers is that the marriage has been “irretrievably broken" for at least six months. One spouse must state this under oath.
It's that simple. However, a divorce will not be granted unless all the issues of child support, spousal support, distribution of property, custody, and visitation have been decided by the court or have been agreed upon by the parties.
Fault-based divorces are still allowed in many states, and New York is one of them. The fault-based grounds for divorce are:
The last two, living apart for one or more years pursuant to a separation, were roundabout ways of getting a no-fault divorce in New York before no-fault was added to the statute.
Additionally, abandonment could constitute actual abandonment or constructive abandonment. Abandonment is where one spouse left the marriage without the intent to return, or where one spouse was locked out of the house. Constructive abandonment is where the spouses, or one spouse, refused to have sexual relations for a continuous period of one year or more.
Using constructive abandonment was a way to obtain something similar to no-fault divorce in New York before 2010. Many divorcing couples alleged constructive abandonment without its necessarily being true. Many judges would sign the divorce papers because spouses could easily prove constructive abandonment by admitting, under oath, that there were no sexual relations for a year or more. Because divorce New York-style was difficult to get, constructive abandonment was often used as a way of getting out of a marriage.
There are different types of divorces in New York and different ways to get them.
All states have some kind of residency requirements. New York allows for several different ways to fulfill residency requirements, such as:
In New York, there is no waiting period or cooling-off period.
When filing for a divorce in New York, you will need to file a substantial amount of paperwork, which can be found on the New York court website or on online legal sites. You can also use an attorney who specializes in divorce law.
When you do divorce filing in New York, you seek relief such as:
New York is an equitable distribution state, not a community property state. The property will be divided fairly, not necessarily 50-50. The court will divide property according to what is equitable unless you can agree with your spouse on how you will divide the property.
To find out whether you can get a no-fault divorce in New York, check the residency requirements above. Either hire a lawyer or find a reputable online legal company to do the divorce papers for you. Decide if your divorce will be contested or uncontested, and consider mediation if only a few issues remain unresolved.
Whichever way you proceed, a no-fault divorce can help you save a lot of money and aggravation.
If you're considering divorce, LegalZoom may be able to help. Answer our questionnaire to help determine your specific divorce needs. We'll help create your divorce documents and provide easy-to-follow instructions for how to file all necessary documents with the court.
by Ronna L. DeLoe, Esq.
Ronna L. DeLoe is a freelance writer and a published author who has written hundreds of legal articles. She does...
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