Is New York A No Fault State Divorce | SRIS, P.C.
Is New York A No Fault State Divorce? Understanding Your Options
Yes, New York is a no-fault divorce state under Domestic Relations Law § 170(7). You can file for divorce based on an irretrievable breakdown of the marriage for at least six months. The Law Offices Of SRIS, P.C. provides experienced representation in New York County Supreme Court, handling the procedural and financial details of no-fault divorce cases.
New York No-Fault Divorce Law
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
New York adopted no-fault divorce in 2010, amending the Domestic Relations Law (DRL). The primary no-fault ground is found in DRL § 170(7), which allows for divorce when the relationship has broken down irretrievably for a period of six months or more. This eliminated the requirement to prove fault-based grounds like adultery or cruel and inhuman treatment, simplifying the process for many couples. The statute requires that all economic issues—equitable distribution of marital property, spousal maintenance (alimony), and child support—be resolved before a judgment of divorce is granted, even in an uncontested, no-fault case.
Official Legal Resources
For the official statute, refer to the New York Domestic Relations Law § 170 on the New York State Senate website. For court forms and procedures, visit the New York County Supreme Court website.
Procedural Steps for a No-Fault Divorce in Manhattan
Filing a no-fault divorce in New York County involves specific steps in the Supreme Court. The process begins with purchasing an index number and filing a summons with notice or a summons and complaint. A key local procedural fact is that New York requires the resolution of all financial matters, including equitable distribution and support, before a no-fault divorce can be finalized, even if both parties agree the marriage is over.
- File Initial Papers: Purchase an index number ($335 fee) and file a summons and verified complaint stating the ground of irretrievable breakdown under DRL § 170(7).
- Serve Your Spouse: Have the papers served by a process server or via another authorized method and file proof of service with the court.
- Address Economic Issues: Negotiate and settle, or litigate, all matters of equitable distribution, spousal maintenance, child support, and counsel fees. This is a mandatory step.
- File Required Documents: Submit a Request for Judicial Intervention (RJI), a sworn statement attesting to the irretrievable breakdown, and all settlement agreements or financial orders.
- Obtain the Judgment: Once all issues are resolved and paperwork is complete, the court will issue a judgment of divorce.
Financial and Custody Implications
In New York County, a no-fault divorce does not simplify the division of assets or determination of support; these are separate, complex legal issues governed by DRL § 236.
| Issue | Governing Standard | Key Considerations |
|---|---|---|
| Equitable Distribution | DRL § 236 Part B | Marital property is divided fairly, not necessarily equally, based on multiple statutory factors. |
| Spousal Maintenance | DRL § 236 Part B | Temporary and post-divorce maintenance are calculated using a statutory formula based on income and duration of marriage. |
| Child Support | Family Court Act § 413 | Based on a percentage of combined parental income (17% for one child) up to $163,000. |
| Child Custody | DRL § 240 | Determined by the child’s best interests, focusing on parental fitness and stability. |
Results may vary. Prior results do not aim for a similar outcome.
Firm Experience in New York Family Law
Founded in 1997, the Law Offices Of SRIS, P.C. brings decades of combined experience to complex family law matters. Our firm-wide track record includes over 4,739 documented case results. In New York, we handle the specific procedures of the Supreme and Family Courts, advocating for clients on issues from no-fault divorce filings to contentious equitable distribution disputes. Our approach is grounded in a deep understanding of New York’s statutory framework, including the maintenance guidelines and child support formulas.
Case Results and Client Focus
The Law Offices Of SRIS, P.C. has a firm-wide record of over 4,739 documented case results with a favorable outcome rate exceeding 93%. While results are always case-specific, this history reflects our commitment to vigorous representation. Our team, including seasoned attorneys like Mr. Sris, focuses on developing clear strategies for New York no-fault divorces, whether through negotiation or litigation.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our New York Family Law Team
Our firm serves clients in New York County (Manhattan) from our New York location. We are accessible for clients throughout Manhattan, including Midtown, the Upper East and West Sides, Lower Manhattan, Greenwich Village, SoHo, Tribeca, Chelsea, Harlem, and the Financial District.
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Frequently Asked Questions: Is New York A No Fault State Divorce
Is New York a true no-fault divorce state?
Yes. Since 2010, New York has been a pure no-fault divorce state. You can file under Domestic Relations Law § 170(7) based solely on an irretrievable breakdown of the marriage for at least six months, with no requirement to prove fault or assign blame to either spouse.
Do I need a lawyer for a no-fault divorce in New York?
It is highly advisable. While the ground is simple, New York law requires all financial issues—property division, debt allocation, and support—to be resolved before the divorce is finalized. An experienced Is New York A No Fault State Divorce Attorney can protect your financial interests and ensure all mandatory paperwork is correctly filed with the Supreme Court.
How long does a no-fault divorce take in New York County?
It depends. An uncontested no-fault divorce where all issues are settled can take 3-6 months from filing. A contested divorce, where financial or custody matters are disputed, often takes 12-24 months or longer in the busy New York County Supreme Court system.
Does “no-fault” affect spousal support or property division?
No. The no-fault ground only affects the reason for the divorce. Equitable distribution of marital property and awards of spousal maintenance (alimony) are decided separately under DRL § 236, based on statutory factors like income, marriage length, and contributions.
Can I file for no-fault divorce if my spouse doesn’t agree?
Yes. The irretrievable breakdown is a subjective determination by one spouse. You can file for a no-fault divorce even if your spouse contests the fact that the marriage is over. However, they can still contest the financial and custody terms, making the case contested.
What is the difference between Supreme Court and Family Court for divorce?
In New York, only the Supreme Court can grant a judgment of divorce, including a no-fault divorce. The Family Court handles related matters like child support, custody, and orders of protection, but it cannot dissolve a marriage. A full Is New York A No Fault State Divorce Law Firm like ours handles proceedings in both courts when necessary.
Page Last verified: April 2026. Laws and procedures change. For current advice regarding your situation, contact the Law Offices Of SRIS, P.C. at (888) 437-7747.