New York follows equitable distribution law for property and debt division in divorce, which means that property acquired during the marriage will be divided between the spouse parties in a fair and equitable manner. If the divorcing couple cannot come to an agreement as to how to distribute property, then a judge will have to make the final determination as to whether the distribution is fair and equitable. 

Prior to 2010, the only way to get a divorce in New York was through fault-based proceedings or after a legal separation of at least 12 months. At-fault divorce grounds included cruel and inhuman treatment, abandonment, imprisonment, adultery, separation and/or irretrievable breakdown of the marriage. Today, it is possible to file for divorce by simply claiming that the marriage has been “irretrievably broken” for the past six months. 

As New York is currently a No-Fault divorce state, only one party need claim an irretrievable breakdown of the marriage under oath. All other issues of the divorce must also be resolved, either by agreement by the spouses or by the court and incorporated into the judgment of divorce.