New York became the last state in the country to adopt a no-fault ground for divorce in October, 2010. Irretrievable breakdown is now the divorce ground of choice for couples seeking a low-conflict, lower cost avenue toward divorce.
That said, divorce based on irretrievable breakdown still has requirements. You must resolve related marital issues before the granting of a divorce. Criteria for granting divorce under the no-fault ground include:
In interpreting the no-fault standard so far, New York case law continues to examine the unilateral right of a spouse to swear to the breakdown of marriage. A recent case, Sorrentino v Sorrentino, granted divorce to the plaintiff based on her statement of the unsalvageable nature of her marriage for the prescribed period of six months, and because agreement on economic issues had been reached.
Although the ground itself was not well-defined by the legislature, irretrievable breakdown gives my clients an easier, less stressful path toward divorce when the marriage relationship has clearly ended.
Nonetheless, issues might arise, especially if the divorce is unwanted by one party. If considering divorce, get experienced legal advice to make sure your marriage ends on the right ground.
As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.
Alexandra M. Rockwood is an Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She practices primarily in the areas of matrimonial and family law. Ms. Rockwood graduated magna cum laude from SUNY Geneseo with a degree in History and minors in Political…