What to Know About Irretrievable Breakdown in New York

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Some divorces are resolved quickly and easily, while others are more complicated. Regardless, divorce is a big change and a stressful process. Learning about your various options can help when it comes time to file for divorce. Some of the options you may consider include how you want to file your divorce, and the method you want to use for resolving your divorce. Read on to learn more about citing irreconcilable differences and no-fault divorce in New York.

Residency Requirement

It is important to note that in order to get divorced in New York State, you will have to meet one of the following residency requirements.

  • One or both parties have lived in the state without interruption for at least two years
  • One or both parties have lived in the state in the year before the divorce case and the couple either got married in NY, lived in NY as a married couple, or the grounds for divorce happened in NY.
  • Both are residents on the day of filing for divorce

Grounds for Divorce

Luckily, New York offers the option of no-fault divorce. This means that you can cite irretrievable breakdown of a marriage for more than 6 months. Citing irretrievable breakdown simply means that the marriage no longer works and is beyond repair. It is not anyone’s fault for the divorce, but the couple no longer wants to be married. This is the route many couples in New York take. This is because when it comes to irretrievable breakdown, the divorce can’t be contested. Additionally, you do not have to provide proof. If you are citing fault grounds for your divorce, you may have to provide proof. For example, if you are getting divorced on grounds of adultery, you may have to show the court that this adultery occurred. As a result, no-fault divorces are often quicker, easier, and more private. That being said, you can still cite fault grounds in New York. You can cite the following fault grounds:

  • Adultery
  • Extreme cruelty
  • Abandonment for at least one year
  • Institutionalization
  • Imprisonment

If you are getting divorced in New York, you will want to retain the help of a dedicated divorce attorney who can walk you through the process and act as your advocate. We are here to help you with all of your divorce and family law matters. Contact our firm today to speak with a skilled divorce attorney.


Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.

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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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