The no-fault ground in New York
New York allows a divorce on a sworn statement that the relationship has broken down irretrievably for a set period. In most courts the other spouse generally cannot defeat that ground simply by insisting the marriage is not over. A judgment on it is not granted until the financial and parenting issues have been resolved, by agreement or by the court, so no-fault does not mean fast in every case. Every state now offers some form of no-fault divorce, though the wording and the conditions attached vary widely. For most couples, choosing the ground is the least contested part of the case.
When fault grounds still appear
Fault-based grounds such as cruel and inhuman treatment or adultery remain available in New York, but they are used far less often because they must be proved and tend to invite a contest. Some people still choose them for personal or religious reasons. Picking a fault ground does not usually change how property is divided, since New York generally keeps marital misconduct out of that calculation except in extreme cases. Before deciding, it helps to know what proof the ground would require and whether pressing it is worth the added cost and conflict. If abuse is part of the story, records of it still matter for safety and parenting even when the divorce itself proceeds on a no-fault basis.
Settling the ground at the start
The ground is chosen when the papers are prepared, and in most matters the choice is straightforward. In a first meeting we confirm that New York is the right place to file, which depends on how long each spouse has lived here and on facts such as where the marriage took place, and then pick the ground that fits. Most of that conversation tends to move quickly to the issues that actually take time, such as property, support, and the children. Bring your marriage certificate and a short history of where each of you has lived. If your spouse has already filed, bring those papers too, since the ground they used will be stated in them.
