Do we need to be separated before filing for no-fault divorce?

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No-fault divorce has become an increasingly popular choice for couples seeking to end their marriage without the need for lengthy court battles or accusations of wrongdoing. In New York, this option was introduced in 2010, allowing one spouse to file for divorce on the grounds of an “irretrievable breakdown” of the marriage for at least six months. One common question that arises is whether separation is required before filing for a

What is No Fault Divorce in New York

No Separation Requirement in New York

In New York, couples are not required to be separated before filing for a no-fault divorce. Unlike some states that mandate a waiting period or a period of living apart, New York allows couples to remain under the same roof while filing for divorce on no-fault grounds.

The key requirement is that one spouse must declare that the marriage has irretrievably broken down for at least six months. This declaration is typically sufficient, and no additional proof or evidence of separation is needed.

Why Separation is Not Required

The primary reason for this is that New York’s no-fault divorce law focuses on the state of the marital relationship rather than the physical living arrangement. The law acknowledges that a marriage can be irretrievably broken even if the couple continues to live together due to financial constraints, childcare responsibilities, or other practical reasons. This approach allows for greater flexibility and respects the complexities of modern living situations.

What About Legal Separation?

Although separation is not required for a no-fault divorce, some couples choose to pursue a legal separation first. A legal separation is a formal agreement, approved by the court, that outlines the terms of living apart, including child custody, spousal support, and property division.

In New York, couples can live under a separation agreement for at least one year and then file for divorce on the grounds of having lived apart under the terms of that agreement. However, this is a separate process and is not necessary for filing a no-fault divorce.

Advantages of Not Requiring Separation

The absence of a separation requirement in New York provides several advantages:

Convenience and Cost Savings: Couples can save money by avoiding the need for two separate households before the divorce is finalized.

Emotional Stability for Children: Living under the same roof during the divorce process can provide stability for children, minimizing disruptions to their daily routines.

Faster Resolution: Since no waiting period or separation is required, the divorce process can proceed more quickly once all issues are resolved.

New York’s no-fault divorce law does not require separation before filing. Couples can continue to live together while seeking a divorce, as long as one spouse declares that the marriage has been irretrievably broken for at least six months. This flexibility allows couples to navigate the end of their marriage in a way that best suits their circumstances, whether that means continuing to cohabit or choosing to live apart.

By eliminating the separation requirement, New York’s no-fault divorce law simplifies the process, making it easier for couples to transition to the next chapter of their lives.

This approach recognizes that the end of a marriage is an emotional journey, and allowing couples to make decisions that work best for their unique situation ultimately promotes a more amicable and efficient resolution.