Law Corner

Divorce Requirements in New York

New York now allows a divorce without alleging and proving “marital misconduct”. There no longer is a need to allege “guilt” and you may obtain a divorce by stating under oath that your relationship has broken down irretrievably for a period of at least six months – “irretrievable breakdown of the marriage.”

The only prerequisite is that you meet certain residential requirements and that you have a properly executed Settlement Agreement that resolves essential issues, including:

1. Parenting: how you will parent any minor children when separated;

2. Equitable Distribution: how you will distribute your assets and liabilities;

3. Maintenance (spousal support): how you will support yourselves; and

4. Child Support: how you will support your children.

Once an agreement is reached determining these, among other issues, either your mediator or your consulting attorneys can draft a Settlement Agreement that will be filed with your uncontested Divorce Papers.

You may file for a no-fault divorce at any time, or live under your Settlement Agreement indefinitely. Timing for the divorce is personal. Some couples choose to wait to file for various reasons: maybe they feel there is still a chance that the marriage can be saved, or there may be financial factors such as tax filing considerations or the cost and availability of health insurance. Others want to file the divorce papers immediately. We can help you evaluate your options.