On October 12, 2010, New York joined the other 49 states and now allows a divorce without alleging and proving “marital misconduct”. So, instead of claiming that your spouse is “guilty” of adultery, cruelty or abandonment, either of you can obtain a divorce by stating under oath that your relationship has broken down irretrievably for a period of at least six months.
The only requirement is that you need a settlement agreement that defines how you will distribute your assets and liabilities, how you will each support yourselves and your children, and how you will parent any minor children while living apart. For those using my services, once an agreement is reached that resolves all of these issues I can provide you with a Marital Settlement Agreement that will meet this requirement.
Since it is no longer required that you wait a full year to obtain a no fault divorce, I suspect most couples will decide when to file for a divorce based upon emotional factors such as whether they feel there is still a chance that the marriage can be saved, or based upon financial factors such as the best way to file taxes or the cost and availability of health insurance.
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