No-Fault Divorce in New York
State-specific overview · Family Law
New York requires a 6-month waiting period or signed acknowledgment after filing for no-fault divorce.
How New York treats No-Fault Divorce
New York allows no-fault divorce based on irretrievable breakdown of the marriage, but imposes either a 6-month waiting period from service or a shorter timeline if both spouses sign a sworn statement acknowledging the breakdown. This dual-path approach gives couples flexibility to expedite the process through mutual consent. The state also permits fault-based grounds, making New York a hybrid jurisdiction. Grounds must be stated in the divorce complaint.
The general definition of No-Fault Divorce
A divorce granted without requiring either spouse to prove wrongdoing by the other.
A no-fault divorce is a divorce where neither spouse has to prove that the other did something wrong, like infidelity or abuse. Instead, one or both spouses simply state that the marriage is irretrievably broken or that they have irreconcilable differences. This is the most common type of divorce in the United States today. No-fault divorces are generally faster and less contentious than fault-based divorces because they don't require gathering evidence of misconduct.
Read the full No-Fault Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New York.