The answer is yes. New York permits no-fault divorce under Domestic Relations Law Section 170(7), the provision the legislature added in 2010. Before that, every divorce filed in the state required proof of marital misconduct, and contested fault trials were a routine part of family law practice. Clients calling Roven Law Group often assume the no-fault statute means the divorce will be quick, simple, or uncontested. The statute changed how marriages get dissolved, but it did not eliminate most of the work that comes with ending one.
Here is how no-fault divorce actually functions in New York, and what it does not do.
The Short Answer Under New York Law
Domestic Relations Law Section 170(7) allows either spouse to obtain a divorce by declaring under oath that the marriage has been “irretrievably broken” for a period of at least six months. The other spouse cannot block the divorce by disputing whether the marriage is irretrievably broken. Once one party makes that sworn statement and the statutory waiting period is satisfied, the ground for divorce is established. That part of the case is straightforward. The complicated part is everything else.
What “No-Fault” Does Not Mean
A no-fault filing dissolves the marriage at the end of the case, not at the beginning. New York requires all ancillary issues be resolved before the court will enter the judgment of divorce. Those issues include equitable distribution of marital property, spousal maintenance, child custody and visitation, child support, counsel fees, and the division of marital debt. A spouse who files under DRL Section 170(7) on Monday is not divorced on Tuesday. The clock starts on the equitable distribution analysis, the financial discovery, and any custody dispute that follows.
The statute also did not erase the need for a lawyer. The substantive fights in a divorce almost always concern money and parenting, not the ground for divorce itself. The shift to no-fault simply removed one layer of litigation from cases where neither party particularly wanted to prove the other’s misconduct in open court.
Fault-Based Grounds Are Still Available
DRL Section 170 still recognizes the traditional fault grounds: cruel and inhuman treatment, abandonment for one year or more, imprisonment for three or more consecutive years, adultery, and living apart pursuant to either a separation judgment or a written separation agreement for at least one year. A spouse can choose to plead a fault ground rather than proceed under Section 170(7).
Most New York divorces filed today use the no-fault ground, but fault still matters in specific situations. A spouse considering a fault-based filing should weigh the proof obligation, the cost of litigating misconduct, and the limited circumstances in which fault affects the financial outcome. New York courts generally do not consider marital fault when dividing property or awarding maintenance unless the conduct is “egregious,” which is a narrow category covering things like serious physical abuse or an attempt on a spouse’s life. Adultery, in most cases, has no impact on equitable distribution.
Residency Still Controls Whether the Court Can Hear the Case
DRL Section 230 sets out the residency requirements. A New York court can hear a divorce if either spouse has lived in the state continuously for two years before filing, or for one year if the parties were married in New York, lived in New York as a married couple, or the cause of action arose in New York. Spouses who both live in New York at the time of filing can also satisfy the requirement that way. A no-fault filing does not loosen these rules. Filing too early creates a jurisdictional problem that can derail the entire case.
What the Six-Month Period Actually Requires
The six-month requirement under Section 170(7) is satisfied by the sworn statement itself. There is no separate requirement that the parties be physically separated or living apart for the full six months. Couples sometimes continue to share a residence while one or both prepare to file. The relevant fact is the testimony that the marriage has been broken beyond repair for the requisite period, and the courts have largely declined to investigate that representation when the moving party makes it under oath.
How Roven Law Group Handles No-Fault Filings
A no-fault filing is the easiest part of a New York divorce. The work that follows, including the financial disclosures, the custody parameters, the maintenance calculation, and the equitable distribution negotiation, is where the case is actually won or lost. Roven Law Group prepares clients for the realistic timeline, identifies the issues that will drive the outcome long before the first court appearance, and represents both petitioners and respondents in proceedings throughout Manhattan, Brooklyn, the Bronx, Queens, and Staten Island. Schedule a consultation to discuss the right ground for filing and the strategy that will produce the best result for your situation.