New York No-Fault Divorce Law (DRL § 170(7)): The Six-Month Irretrievable Breakdown Ground

A no-fault divorce in New York ends a marriage without either spouse having to prove the other did anything wrong. Since New York added the no-fault ground in 2010, it has become the route most divorces in the state take, because it removes the need to air and prove misconduct just to get out of a marriage.

The whole ground comes down to one sworn statement: that the marriage has broken down irretrievably for at least six months. One spouse can say it. The other cannot stop the divorce by disagreeing.

This page covers whether one spouse can force a no-fault divorce through, what irretrievable breakdown means, whether no-fault is actually faster, and the issues that still have to be resolved before the judgment is signed.

Can One Spouse Get a No-Fault Divorce in New York if the Other Refuses to Agree?

Yes. The no-fault ground under Domestic Relations Law § 170(7) needs only one spouse to swear, under oath, that the marriage has broken down irretrievably for at least six months. The other spouse does not have to agree that the marriage is over, and refusing to consent does not block the divorce itself.

What the other spouse can still contest is everything else: custody, parenting time, child support, maintenance, and how property is divided. So a spouse cannot trap the other in the marriage, but a spouse can absolutely fight over the terms of the divorce. The ground gets the case through the door. The terms are where a contested case lives.

What Does “Irretrievable Breakdown for at Least Six Months” Mean Under DRL § 170(7)?

It means the relationship is broken with no realistic prospect of repair, and has been for at least half a year. The statute frames the ground this way:

The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath.

There is no checklist of reasons and no need to prove fault. The spouse seeking the divorce states that the marriage is over and has been for six months or more. The six-month period is measured backward from the breakdown, not from the filing date, so a couple does not have to wait six months after starting the case.

Does No-Fault Mean a Faster or Cheaper Divorce in New York?

Not by itself. People assume no-fault equals quick and simple, and an uncontested no-fault divorce where both spouses agree on everything can be both. The ground is rarely the holdup. The holdup is the money and the children.

A no-fault case can be every bit as long and hard-fought as a fault case when the spouses disagree about custody, support, a business, the marital home, or hidden assets. No-fault removes the fight over why the marriage ended. It does not remove the fight over what happens next. Our attorneys prepare each no-fault case as if those terms will be decided by a judge, because the spouse who comes prepared sets the pace.

What Has to Be Resolved Before a New York No-Fault Divorce Becomes Final?

All of the economic and parenting issues. New York will not sign the judgment of divorce on the no-fault ground until these are settled by agreement or decided by the court:

• Equitable distribution: how marital property and debt are divided.
• Spousal maintenance: whether one spouse pays the other, how much, and for how long.
• Child support: the basic obligation and the add-on expenses.
• Custody and parenting time: legal and physical custody and the parenting schedule.
• Counsel and expert fees: who contributes to the cost of the case.

Until each of these is resolved, the marriage is not legally dissolved. That is the single biggest surprise for people who expected no-fault to mean a quick exit. The ground is easy. The list above is the case.

Is No-Fault the Right Ground for Your New York Divorce?

For most people, yes. No-fault spares a family the cost and conflict of proving cruelty, abandonment, or adultery, and it leads to the same division of property, the same support formulas, and the same custody standard as a fault case would. There are narrow situations where a spouse has a personal or strategic reason to plead fault, and those are worth talking through. For the large majority of New York divorces, the no-fault ground is the cleaner path. Our no-fault divorce attorneys help you weigh that choice before the summons is filed.

Talk to Cedeño Law Group About a No-Fault Divorce in New York

The ground is simple. The terms decide your future. Cedeño Law Group prepares every divorce as if a judge will read the whole file before signing the judgment. Call us before you file or respond.

Updated 2026. This page reflects New York’s no-fault divorce ground under Domestic Relations Law § 170(7) as in effect in 2026. It is general information, not legal advice.

For more laws, visit our New York Divorce and Family Laws page.