Can my spouse stop a no-fault divorce?
No. The ground is established by one spouse’s sworn statement, and it is not defeated by the other spouse disagreeing that the marriage is over.
What a spouse can contest is everything else — property, maintenance, custody, support. That is the important distinction, and it is where people get a misleading sense of what no-fault delivers. No-fault makes the marriage easy to end. It does nothing to resolve what is attached to it.
What does the six months actually mean?
The breakdown must have lasted at least six months before the statement is made. Spouses do not have to have lived in separate homes for that period — the statute speaks to the state of the relationship, not to separate addresses. Many couples remain under one roof for financial reasons while a divorce proceeds.
Why can’t the judgment be signed right away?
Because a no-fault divorce cannot be finalized until all economic issues and any custody and support issues are resolved — by agreement or by the court. This is the point most people miss. The ground is satisfied in a sentence; the judgment waits on everything else.
Which means the real question in almost every New York divorce is not the grounds. It is whether you can reach agreement on property, maintenance, and custody — and that determines whether you are in an uncontested or a contested case.
Frequently asked questions
Do both spouses have to agree to a no-fault divorce?
No. One spouse’s sworn statement that the marriage has been irretrievably broken for at least six months establishes the ground.
Do we have to live apart for six months?
No. The statute addresses the breakdown of the relationship, not separate residences. Many couples remain in the same home while the divorce proceeds.
Are the old fault grounds still available?
Yes, DRL §170 still contains them. They are rarely used now, because no-fault reaches the same result without the proof burden. There are narrow situations where a fault ground still matters — worth asking about rather than assuming.
If it is no-fault, why is my divorce taking so long?
Because the judgment cannot be entered until property, support, and custody are resolved. The ground is the fast part. The rest is the case.
Related: Uncontested Divorce · Collaborative Divorce · Equitable Distribution · back to Divorce
Written by Dale Riedel, Esq. · Admitted in New York, Bar No. 5837539