For individuals considering divorce in New York, one of the first legal questions is: Do I need to prove that my spouse did something wrong to get divorced?
In most cases, the answer is no.
New York Domestic Relations Law § 170(7) permits a spouse to seek a no-fault divorce when the marital relationship has broken down irretrievably for a period of at least six months. Since New York adopted no-fault divorce in 2010, this has become a common ground for ending a marriage because it generally eliminates the need to litigate who was responsible for the breakdown of the relationship.
What Does “Irretrievable Breakdown” Mean in a New York Divorce?
Under DRL § 170(7), one spouse may state under oath that the relationship between the parties has broken down irretrievably for at least six months.
Unlike traditional fault-based grounds for divorce, a spouse does not ordinarily need to prove adultery, abandonment, cruel and inhuman treatment, or other marital misconduct simply to establish the ground for divorce.
That does not, however, mean that every no-fault divorce is simple or uncontested.
Before a final Judgment of Divorce can be entered, the parties must resolve—or have the court determine—the financial and family issues arising from the marriage. Depending upon the circumstances, those issues may include:
- Equitable distribution of marital property;
- Valuation and division of businesses, real estate, investments and retirement assets;
- Spousal maintenance;
- Child custody and parenting time;
- Child support;
- Allocation of marital debts; and
- Counsel and expert fees.
For individuals with substantial assets, closely held businesses, professional practices, investment portfolios, executive compensation, real estate holdings or other complex financial interests, these ancillary issues can become far more significant than the legal ground for divorce itself.
Why Is No-Fault Divorce Often Used in New York?
Prior to 2010, New York was the last state in the country without a true no-fault ground for divorce. A spouse generally had to establish a statutory ground for divorce or proceed based upon an applicable separation ground.
DRL § 170(7) changed that framework.
Instead of devoting substantial legal fees and court time to proving why a marriage failed, the parties can generally focus on the issues that will determine their financial and personal lives after divorce.
For many clients, that means concentrating on questions such as:
What assets are marital? What property is separate? How will a business be valued? Is maintenance appropriate? Where will the children live? How will parenting time be structured? What happens to the marital residence, retirement accounts and investment assets?
These are often the issues that matter most in a New York divorce.
Does Marital Misconduct Still Matter?
Choosing a no-fault ground does not necessarily mean that conduct during the marriage is irrelevant to every issue in the case.
Certain conduct may still become relevant depending upon the facts and the particular relief being sought. For example, allegations involving the dissipation or concealment of marital assets, transfers of property, financial misconduct, domestic violence, or conduct affecting the best interests of a child may have significance independent of the ground for divorce.
Accordingly, selecting DRL § 170(7) does not mean that important evidence should be ignored. An experienced New York divorce attorney should evaluate whether particular conduct has legal significance to equitable distribution, custody, support, financial disclosure, or another contested issue.
High-Net-Worth Divorce and DRL §170(7)
In a high-net-worth New York divorce, the ground for divorce may be one of the least complicated parts of the case.
The greater challenge is often identifying, tracing, valuing and protecting assets.
A financially complex divorce may involve business interests, brokerage accounts, stock options, restricted stock units, deferred compensation, trusts, cryptocurrency, real estate, retirement accounts, inherited property and claims that certain assets constitute separate property.
In these cases, the availability of no-fault divorce allows counsel to focus resources on the financial investigation and strategic issues that can materially affect the outcome.
Divorce Representation in Suffolk and Nassau Counties
At The Meyers Law Group, P.C., we represent individuals facing divorce and family-law matters throughout Suffolk County, Nassau County and Long Island, New York.
Whether a divorce can be resolved through negotiation or requires contested litigation, understanding your assets, financial exposure, parental rights and long-term objectives at the beginning of the case can be critical.
If you are considering divorce, particularly where significant assets, business interests, real estate, investments or complex custody issues are involved, obtaining legal advice before making major financial or personal decisions can help you understand your rights and available options.
New York Divorce & Family Law Attorneys
Serving Suffolk County, Nassau County and Long Island
This article is provided for general informational purposes only and does not constitute legal advice. Every divorce involves different facts and circumstances. You should consult with a New York matrimonial attorney regarding your particular situation.