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What does irretrievable breakdown of the marriage mean in New York?

On Behalf of | Feb 17, 2023 | Divorce

Unfortunately, many marriages end in divorce. You may decide on a divorce for many reasons, but to legally end the marriage you must meet specific requirements.

Irretrievable breakdown of your marriage can be grounds for divorce, but you should understand what this term actually means.

What irretrievable breakdown means in New York

In New York, an irretrievable breakdown of marriage means that the relationship no longer works and the couple is incapable of fixing things. This can be subjective, but if you and your spouse no longer function as a partnership due to unsolvable disagreements, an irretrievable breakdown may be the only requirement you need for the divorce.

Grounds for divorce in New York

Importantly, in New York, the relationship needs to have been irretrievably broken for at least 6 months for a divorce to happen. Irretrievable breakdown is commonly used as grounds for uncontested divorce cases in which both spouses want the divorce to happen and mostly agree on the details of the divorce. Other grounds for divorce in New York include the following:

  • Adultery
  • Abandonment
  • Cruel and Inhuman Treatment
  • Separating via a Judgment of Separation or Separation Agreement

The court may require proof of the grounds for your divorce. If you find yourself in a contested divorce where you and your spouse disagree about the grounds and details of the separation, expect the process to take longer and require more time in court.

Going through the divorce process

The irretrievable breakdown of a marriage can encompass many different problems and issues that lead up to a divorce. While a common reason for divorce, it is not the only grounds for divorce and may not be the right choice for every situation.