Is New York a no-fault divorce state?
No, New York is considered a fault divorce state. There are six grounds for divorce, five of which require proof of misconduct or fault by the other spouse. The only ground that does not require a finding of fault is the ground permitting a party to sue for divorce after the parties have lived separate and apart for one or more years pursuant to a written separation agreement. Since the parties must consent to the signing of the separation agreement a party cannot obtain a divorce without the other spouse’s consent to a written separation agreement or proceeding on the fault grounds.
No, New York is considered a fault divorce state. There are six grounds for divorce, five of which require proof of misconduct or fault by the other spouse. The only ground that does not require a finding of fault is the ground permitting a party to sue for divorce after the parties have lived separate and apart for one or more years pursuant to a written separation agreement. Since the parties must consent to the signing of the separation agreement a party cannot obtain a divorce without the other spouse’s consent to a written separation agreement or proceeding on the fault grounds. 2.
