No Fault Divorce in New York

What is an “irretrievable breakdown of the marriage”?

An irretrievable breakdown of the marriage allows one spouse, unilaterally, to end a marriage and do so without the other spouse’s agreement. However, the 2010 law provides that a court cannot grant a judgment of divorce unless and until the marriage’s economic issues are dealt with.

To prove the ground of irretrievable breakdown of the marriage, the party seeking the divorce must demonstrate that:

  • the relationship between husband and wife has broken down irretrievably;
  • for a period of at least six months; 
  • provided that one spouse states this under oath; and 
  • proves that the “economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts’ fees and expenses as well as the custody and visitation with the minor children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce.”

For information on serving divorce papers, contact a divorce process service, call (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

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