What Is an Irretrievable Breakdown of Marriage?

angry couple

When you and your spouse are standing at the altar, you’re picturing a future full of love and happiness with your spouse. However, this is not always what happens. Unfortunately, marriage can be challenging, and sometimes you and your spouse fall out of love. Known as an irretrievable breakdown of marriage, this is one reason that many will cite as means for their separation. If you’re going through a divorce, you’ll want to keep reading to learn more and discover how divorce attorneys in Nassau County can help guide you through the process.

How Does an Irretrievable Breakdown of Marriage Differ From Other Divorces?

When getting divorced, you’ll need to cite the reason you want to end the marriage. Generally, there are two options: fault and no-fault. If there is fault, you’ll need to provide the reason, such as adultery, abandonment, or addiction. These are often highly contested cases, as they influence alimony, the division of assets, and child custody. However, many couples have “no-fault” divorces, citing the irretrievable breakdown of their marriage.

This means the couple no longer wishes to be married. Unlike an “at-fault” divorce, there is no need to provide evidence or proof to the court. As such, these divorces tend to be much quicker and less costly than hotly contested divorces.

Are There Requirements to File?

Generally, there are residency and other requirements in New York that a couple must meet before filing for an irretrievable divorce. In New York, you must be married for at least six months before filing. Similarly, one or both spouses must have lived in the state for two consecutive years and must be current residents of the state on the day they file for divorce.

Your spouse does not have to agree to the divorce in order to proceed. Many choose to file a no-fault divorce because it does not need evidence that one spouse has done something wrong. This means if your spouse does not show up to court, you can still receive a default judgment.

Do I Need a Lawyer?

If you’re planning on divorcing your spouse or have been served papers, ensuring you have the help of an experienced divorce attorney is essential. Even if the separation is filed jointly and amicably, a lawyer can help guide you through the process, answer any questions you may have, and review documents before you sign them.

This is especially important if you have children, as child custody can pose a significant issue during divorces. Unfortunately, no-fault divorce terms can still be contested, as the spouses may not agree to the conditions laid out. This means having an attorney representing you is crucial.

Reach out to Barrows Levy today to discuss the details of your case with one of our seasoned New York divorce attorneys today.

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