If you’re thinking about ending your marriage, one of your first questions might be: Do I need a valid reason to file for divorce in New York? The short answer is yes—New York law requires that anyone filing for divorce has a legally acceptable reason, or “ground,” for doing so. But here’s where it gets more nuanced: the reason can be as simple as your marriage no longer working, or as serious as abuse or abandonment.
Let’s break it down.
What Is a “Valid Reason” for Divorce in New York?
New York law recognizes two types of divorce: no-fault and fault-based.
Fault-Based Divorce
If you’re dealing with more serious issues and want the court to understand the circumstances that led to the breakdown, you might consider filing on fault-based grounds. These are more complex and require evidence, but they can influence certain outcomes—like custody or support—depending on the situation.
New York recognizes several fault-based grounds, including:
- Adultery
- Cruel and inhuman treatment (abuse or behavior that makes it unsafe to remain married)
- Abandonment (physical or sexual, for at least a year)
- Imprisonment (for three or more consecutive years)
- Addiction
- Mental illness
- Other reasons like bigamy or fraud at the time of marriage
No-Fault Divorce
This is the most common type of divorce today. You don’t need to prove that your spouse did anything wrong. These types of divorces are usually cited as being caused by irreconcilable differences, incompatibility, or an irretrievable breakdown in communication and understanding. Instead, you simply state that the marriage has experienced an “irretrievable breakdown” for at least six months. That means there’s no hope of reconciliation.
While this may sound simple, a no-fault divorce can only move forward if all financial, custody, and support issues have been resolved either through agreement or court ruling.
Common causes of irretrievable breakdown in marriage can be:
- Feeling unheard or misunderstood over time
- Loss of emotional or physical connection
- Financial imbalance, where one spouse feels unsupported
- Job loss, overspending, or hidden accounts
- Mental illness that impacts day-to-day functioning or connection
- Decreased physical affection or sexual activity
- Conflict over child-rearing approaches or discipline
- Etc… etc…
So, Can I File Without a “Good” Reason?
Technically, no. You must meet both of the following conditions:
- Residency Requirements – You or your spouse must have lived in New York for a certain amount of time before filing.
- Legal Grounds – Whether fault or no-fault, you must cite an approved reason.
But the good news? The bar for a valid reason isn’t as high as you might think. You don’t have to prove infidelity or abuse to file. A mutual agreement that your marriage has broken down for six months or more is enough.
What If My Spouse Doesn’t Agree to the Divorce?
That doesn’t stop the process. In New York, only one party has to file and proceed. If the other person doesn’t respond to the divorce petition within the legal timeframe (20–30 days), the court may grant a default judgment—meaning the divorce can move forward even without their participation.
Why Filing First Can Still Matter
Although there’s no legal advantage to being the one who files first, there are strategic benefits:
- You choose the venue if you and your spouse live in different counties
- You control the timeline and gather important documents in advance
- You can emotionally prepare for negotiations or court proceedings
- You present your case first in court, which can influence perception
Need Legal Help? Talk to a Brooklyn Divorce Attorney
Whether you’re filing on no-fault or fault-based grounds, the process can be overwhelming. That’s why having an experienced legal team matters.
At Brian D. Perskin & Associates P.C., we’ve helped thousands of New Yorkers navigate divorce with confidence. Our family attorneys are known for being aggressive, strategic, and compassionate. We work closely with you to tailor our legal approach to your needs—no cookie-cutter advice here.
📞 Call us today at 718-875-7584 for your free consultation and find out why we’re one of New York’s premier divorce law firms.