What Is An Irretrievable Breakdown Of Marriage In New York?

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divorce breakdown

When filing for divorce in New York, a spouse can choose to file either a contested or an uncontested divorce. Contested divorces are rarer because they only occur when a spouse has legal grounds for divorce, like if their spouse committed adultery or was abusive during the marriage. However, divorces today can occur for a large number of reasons, and it doesn’t have to be because one spouse messed up. In order to file for an uncontested divorce in New York, you must cite that the marriage suffered an irretrievable breakdown. However, many people aren’t quite sure exactly what this means. To find out, read on or contact our Divorce Law Firm in Bohemia, NY today.


An irretrievable breakdown of marriage essentially occurs when two spouses have personal differences but both agree that they want to divorce. In other states, this may be referred to as irreconcilable differences. To cite an irretrievable breakdown during a divorce, you must prove that the relationship is broken beyond repair. Unlike contested divorces, you don’t have to demonstrate specific events that led to the divorce, but you need to show that the marriage has been over for at least six months. This doesn’t necessarily mean that you had to live separately from your spouse, but you should show that you and your spouse attempted to work through your differences but were unable to.


You can file for an uncontested divorce either by representing yourself or by hiring an experienced divorce attorney to guide you through the process. Uncontested divorces don’t usually require litigation, so you won’t need to worry about facing legal battles against your spouse in the courtroom. Nowadays, many couples choose to hire a mediator to help them work through agreement discussions (like for child custody, child support, division of marital assets, etc.) and come to a reasonable settlement outside of the courtroom. Spouses can legally settle their divorce through mediation rather than courtroom battles. A mediator can guide both spouses into reaching settlement agreements themselves, or a judge can decide on a settlement for the spouses. However, many spouses have found mediation to be beneficial in uncontested divorces because it gives the couple the option of making their own settlement decisions.

Are you considering filing for divorce? Are you looking to speak with a trusted divorce attorney who can guide you through the difficult process? Look no further! The Law Offices of Susan A. Kassel, P.C. is here for you! Contact our firm for an initial consultation with an experienced and compassionate divorce lawyer.

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We have an excellent AVVO rating from our many happy clients

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We have the legal knowledge necessary to help you obtain the outcome you desire

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What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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