Attorney Advertising · Reviewed by Ettrick M. Campbell, Esq. · NY Bar #3938966
Home  /  No-Fault Divorce in New York

No-Fault Divorce in New York
How Irretrievable Breakdown Works

Ettrick M. Campbell, Esq.
Reviewed by Ettrick M. Campbell, Esq.
NY Bar #3938966 · 25 years of practice · Last reviewed: May 2026

New York adopted no-fault divorce in 2010 with Domestic Relations Law section 170(7), making it the last state in the country to do so. Today, no-fault is the standard ground used in nearly all uncontested NY divorces. The legal phrase is "irretrievable breakdown of the marriage for at least six months" - and despite the formal language, no actual proof is required.

What "irretrievable breakdown" actually means

The legal definition is that the marriage has broken down beyond repair for a period of at least six months. In practice, this is treated as a self-attested ground - the spouse filing simply states under oath that the marriage has irretrievably broken down. NY courts do not require proof, do not require both spouses to agree, and do not require any specific reason. The filing spouse just attests to the breakdown.

The 6-month requirement

You must attest that the marriage has been broken down for at least six months before filing. This is not a separation requirement - you can still be living together. It is simply that the marriage relationship (not the cohabitation) has been broken for the required period. Most filings simply state "irretrievably broken for at least six months" without detailed explanation, which courts accept.

Comparison with the old fault grounds

Before 2010, NY required spouses to prove fault - usually adultery, cruel treatment, abandonment for one year, or imprisonment. These grounds are still legally available but are essentially never used now because no-fault is so much simpler. Fault-based divorces required testimony, witnesses, and could become hostile fast. No-fault avoids all of that. Fault is now relevant only in the equitable distribution of assets in some contested cases - not in obtaining the divorce itself.

Does my spouse need to agree it is an irretrievable breakdown?

No. Only the filing spouse needs to attest to the breakdown. The other spouse can disagree, and the divorce still proceeds. This was a major change from pre-2010 law. Today, one spouse can effectively obtain a no-fault divorce even if the other opposes it - though the other spouse can still contest financial issues, custody, or support.

When fault grounds still matter

Fault grounds occasionally affect the division of marital property in contested cases - for example, if one spouse hid assets or destroyed marital property in bad faith. In uncontested divorces where both parties agree on terms, fault is irrelevant. The vast majority of NY divorces today are processed under DRL 170(7) no-fault grounds without any reference to fault.

How to use no-fault grounds in your filing

In your divorce paperwork, the Verified Complaint will state that the relationship between the parties has broken down irretrievably for a period of at least six months. The Affidavit of Plaintiff will reaffirm this under oath. No further explanation is required. If your spouse signs an Affidavit of Defendant agreeing to the divorce, the case becomes uncontested immediately. If your spouse does not respond, after 40 days the court can grant the divorce by default.

Common questions

Do I need to prove anything for no-fault divorce in NY?
No. You simply attest under oath that the marriage has been irretrievably broken for at least six months. NY courts accept this attestation without requiring evidence, witnesses, or specific reasons.
What if my spouse claims the marriage is not broken?
Your spouse cannot prevent a no-fault divorce by disagreeing about whether the marriage is broken. Your sworn statement that you believe the marriage is irretrievably broken is sufficient. Your spouse can still contest financial terms, custody, or support, but cannot block the divorce itself.
Can we use fault grounds instead of no-fault?
Legally yes, but practically never recommended. Fault grounds require proof, testimony, and often adversarial hearings. No-fault is faster, cheaper, and produces the same legal result - a final divorce judgment.
Do we need to be separated for six months before filing?
No. The six-month requirement applies to the breakdown of the marital relationship, not to physical separation. You can still be living together and file for no-fault divorce as long as you attest the relationship has been broken for the required period.
Does no-fault affect alimony or property division?
No-fault grounds do not directly affect spousal support (maintenance) or equitable distribution of marital assets. NY courts apply the same maintenance and distribution rules regardless of grounds. The only exception is in rare cases involving egregious misconduct (e.g., attempted murder of the other spouse), where fault may affect the financial outcome.

Ready to file your NY divorce?

Answer 10 minutes of questions. We handle everything else.

Start My Divorce →