Westchester, NY family law attorney Andrea B. Friedman talks about how no-fault divorce works in New York. She explains that matrimonial law varies by state, and New York has its own framework for divorce. The state has adopted a no-fault divorce standard, formally referred to as “irretrievable breakdown.” This allows one party to initiate a divorce if the marriage has been broken for at least six months and cannot be reconciled, without requiring the consent of the other party.

She notes, however, that the court will not grant a divorce until ancillary matters are resolved. Ancillary relief includes addressing custody arrangements for any children of the marriage, as well as resolving financial issues. These financial matters typically fall into two categories: support, which includes both child support and spousal maintenance, and equitable distribution of marital assets.