What Does Irreconcilable Differences Mean in a Divorce? 

Relationships are complicated, especially when a marriage is being dissolved. Most people are familiar with the idea of ‘grounds for divorce’ without completely knowing what it means. At the Law Office of Vivien F Stark PC, we know that each divorce situation is unique. While irreconcilable differences may fit many situations without extreme conflict, you should feel confident in your decision. A New York City divorce attorney is vital in most divorce cases, but they are meant to advocate for you to meet your needs.

‘No Fault’ Divorce

No-fault divorce, or irreconcilable differences, in New York, signifies a marriage breakdown without assigning blame to either spouse. This streamlined approach simplifies the divorce process by eliminating the need to prove fault, such as adultery or cruelty.

To file for a no-fault divorce in New York, couples must meet the following requirements:

• Residency: One spouse must have been a resident of the state for at least one year.
• Separation Period: The couple must have lived separated for a continuous period of at least six months before filing.

While no-fault divorce eliminates the contentious aspect of proving fault, it’s important to address crucial matters like child custody, child support, spousal support, and equitable distribution of marital property. These issues can be complex and often require legal counsel to ensure fair outcomes for all parties involved.

Irretrievable Breakdown

New York law calls irreconcilable differences ‘irretrievable breakdown.’ According to New York divorce requirements, you are only required to state that your  marriage is irretrievably broken for at least six months to qualify for a no-fault divorce. However, for the judgment to be signed and entered,, you must already have a written agreement consisting of all issues, including, but not limited to, division of assets (equitable distribution), child support, custody and maintenance (alimony).. These can be taken care of in mediation or with an attorney, but they must be settled before the judge will approve the final decree.