Is proof required to get a no-fault divorce in New York?

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No-fault divorce has simplified the process of ending a marriage in New York. Since its adoption in 2010, couples no longer need to prove wrongdoing by either spouse to dissolve their marriage. But this raises a common question: Is proof required to get a no-fault divorce in New York? The short answer is no, but the process does involve certain requirements.

Understanding No-Fault Divorce in New York

New York was the last state in the U.S. to allow no-fault divorce, enabling couples to separate without assigning blame. In a What is No Fault Divorce in New York one spouse simply needs to state that the marriage has been “irretrievably broken” for at least six months. This means that the relationship cannot be repaired, and at least one spouse no longer wants to continue the marriage 

No Proof of Fault Needed

In a no-fault divorce, no proof of misconduct is required. This is a significant departure from traditional fault-based divorces, where one spouse had to provide evidence of grounds such as adultery, cruelty, abandonment, or imprisonment. In contrast, for a no-fault divorce, it’s enough for one spouse to declare under oath that the marriage has been irretrievably broken for six months or more. The court will accept this statement without requiring further evidence or investigation.

What Is Required for a No-Fault Divorce?

While no proof of wrongdoing is needed, certain requirements must be met before the divorce can be granted:

Residency Requirements: At least one spouse must meet New York's residency requirements. This means that either spouse must have lived in New York for at least two years before filing, or one year if the couple was married in New York 

Agreement on Key Issues: Before the court finalizes the divorce, the couple must resolve all issues related to property division, child custody, child support, and alimony (spousal support). If they cannot agree, the court will make decisions on these matters.

Filing the Necessary Documents: The spouse seeking the divorce must file a “Summons with Notice” or a “Summons and Complaint” with the county clerk's office. They must also serve these documents to the other spouse according to New York’s legal requirements.

No Requirement for Mutual Agreement

It is important to note that both spouses do not need to agree to the divorce. If one spouse claims that the marriage is irretrievably broken, the other spouse cannot block the divorce by denying it. This makes the no-fault process relatively straightforward, even if one spouse is unwilling to participate.

A no-fault divorce in New York eliminates the need to prove fault, simplifying the process of ending a marriage. However, couples still need to resolve critical issues such as property division and child custody. By removing the requirement to prove blame, New York’s no-fault divorce law allows couples to separate more amicably and with less emotional turmoil.

If you’re considering a no-fault divorce in New York, consulting with a qualified divorce attorney can help ensure the process goes smoothly and that your rights are protected.