Irreconcilable Differences / Irretrievable Breakdown (DRL § 170(7)) as a Ground for Divorce in New York

Reviewed by Albert Goodwin, Esq., a New York matrimonial and family law attorney admitted to practice in the State of New York. Last updated: June 2024.

When people talk about getting divorced over "irreconcilable differences," they are usually borrowing a phrase from television or from the law of another state. New York does not actually use that term. The state's true no-fault ground is the irretrievable breakdown of the relationship, codified at Domestic Relations Law (DRL) § 170(7). This page explains that ground in depth — what it means, how the six-month requirement works, why your spouse cannot fight it, and the narrow situations where fault still matters. If you want a step-by-step walkthrough of court procedure or the specific forms, see our companion pages linked throughout.

What DRL § 170(7) actually says

New York was the last state in the country to adopt a true no-fault divorce. Until 2010, spouses had to prove cruelty, abandonment, adultery, imprisonment, or live apart under a written separation agreement or a judicial decree of separation for at least one year (a "conversion" divorce). The 2010 amendment to DRL § 170 added a seventh ground: that "the relationship between husband and wife has broken down irretrievably for a period of at least six months."

The statute requires only that the spouse filing for divorce state, under oath, that the relationship has broken down irretrievably for at least six months. The court accepts that sworn statement at face value. Notably, DRL § 170(7) also provides that no judgment of divorce on this ground may be entered until the ancillary economic and parenting issues have been resolved or decided by the court — a point we return to below.

Why your spouse cannot contest the no-fault ground

One of the most important features of DRL § 170(7) is that it is essentially uncontestable as to the ground itself. New York appellate courts have consistently held that the irretrievable breakdown ground is not subject to a trial on whether the marriage "really" broke down. The sworn statement of one spouse is sufficient; the other spouse cannot demand a hearing to argue that the marriage is salvageable, nor can they defeat the divorce by refusing to agree.

This is a deliberate policy choice. The Legislature wanted to remove the marital ground as a bargaining chip and eliminate the pointless, painful litigation over whether one spouse had "proven" cruelty or abandonment. What remains genuinely contestable — and where nearly all the time, money, and conflict now lives — is the financial and custodial terms of the divorce, not the ground.

How the six-month rule works

The breakdown must have existed "for a period of at least six months" before the judgment. Importantly, this is not a physical separation requirement. Unlike the older conversion divorce, DRL § 170(7) does not require spouses to live separate and apart. Many New York couples remain under one roof — often for financial reasons — throughout the pendency of the divorce. The six months refers to the duration of the relationship's breakdown as stated in the sworn pleading, not to a period of living apart, and courts generally do not investigate the point.

Fault grounds still exist — but are rarely worth pleading

The 2010 amendment did not repeal New York's older fault grounds. Under DRL § 170, spouses may still plead:

• Cruel and inhuman treatment (DRL § 170(1))
• Abandonment for one year or more (DRL § 170(2))
• Imprisonment for three or more consecutive years (DRL § 170(3))
• Adultery (DRL § 170(4))
• Living apart under a decree or judgment of separation for one year (DRL § 170(5))
• Living apart under a written separation agreement for one year (DRL § 170(6))

Each of these fault grounds requires proof. Adultery, for example, must be established with corroborating evidence and carries specific statutory defenses. Because proving a fault ground requires litigation and often a trial, it is slower and more expensive than simply pleading irretrievable breakdown. For the overwhelming majority of clients, there is no strategic reason to plead fault when DRL § 170(7) is available.

The narrow situations where fault can still matter

Choosing the no-fault ground does not mean a spouse's misconduct is irrelevant to the outcome. There are specific, statutorily grounded situations where conduct affects the ancillary issues even in a no-fault case:

• Wasteful dissipation of marital assets. Under DRL § 236(B)(5)(d), a court weighing equitable distribution considers "the wasteful dissipation of assets by either spouse." When one spouse has drained accounts on an affair, gambled away savings, or transferred property to defeat the other's claims, that conduct can shift the distribution — regardless of which ground was pled.
• Egregious conduct affecting maintenance. While ordinary marital fault does not reduce a maintenance award, New York courts have recognized that conduct "so egregious as to shock the conscience" — such as severe domestic violence — can be a factor. See our discussion of domestic violence in New York divorce and orders of protection.
• Custody and the best interests of the child. Custody is always decided under the best-interests standard of DRL § 240, and conduct that endangers a child — substance abuse, violence, or neglect — is relevant no matter what divorce ground appears in the complaint. See who gets custody of a child in divorce.

In practice, this means the facts underlying "fault" may still be introduced through the financial and custodial issues, even though the divorce itself proceeds as no-fault.

Pleading the ground is not enough: the ancillary issues

A common and costly misunderstanding is that reciting the irretrievable-breakdown language ends the case. It does not. DRL § 170(7) expressly bars entry of a judgment until the economic and parenting issues are resolved by the parties or determined by the court. Those issues — briefly summarized here because each has its own dedicated resource — include:

• Equitable distribution of marital property and debt under DRL § 236(B)(5). Read more on our New York equitable distribution page.
• Spousal maintenance under DRL § 236(B)(5-a) and (6) — see how maintenance is calculated.
• Child support under the Child Support Standards Act, DRL § 240(1-b).
• Custody and parenting time under DRL § 240.
• Counsel and expert fees under DRL §§ 237 and 238.

Because the ground itself is easy to establish, virtually all of the work in a New York divorce concerns these ancillary terms. We do not restate the court procedure here — for the full path from filing an index number to the signed judgment, see the New York divorce process, filing for divorce in New York, and how to file for divorce in New York. If you and your spouse agree on everything, an uncontested divorce or a collaborative divorce may resolve the ancillary issues without litigation.

Common mistakes with no-fault divorces

Because the breakdown ground sounds simple, some spouses assume the entire case is simple — an assumption that causes avoidable harm:

• Signing a settlement before discovery reveals the full picture of retirement accounts, restricted stock, business interests, or hidden debt.
• Using online forms designed for childless, asset-free cases when a pension or closely held business is involved.
• Assuming no-fault means an equal 50/50 split. New York is an equitable distribution state, and "equitable" does not always mean "equal."
• Waiving maintenance without understanding the guideline formula and its lasting financial consequences.
• Accepting a generic parenting plan that breeds annual conflict over holidays, school breaks, and travel.

Frequently asked questions

Can my spouse contest the no-fault ground in New York?

No. Only one spouse must swear under oath that the relationship has broken down irretrievably for at least six months. New York courts have held the ground is not subject to a trial on whether the marriage "really" broke down. Your spouse may still litigate the economic and custody issues, but not the ground itself.

What is the six-month rule?

DRL § 170(7) requires that the relationship have been broken down irretrievably "for a period of at least six months." This refers to the duration of the breakdown stated in the sworn complaint — not a requirement that spouses live apart. There is no physical separation requirement.

Can we be divorced if we still live in the same home?

Yes. Unlike the older conversion divorce, the irretrievable-breakdown ground does not require living separate and apart. Many New York couples remain under one roof while the divorce is pending.

Do both spouses have to agree to a no-fault divorce?

No. One spouse's sworn statement is enough to establish the ground. The other spouse cannot block the divorce, though they can contest the financial and custodial terms.

What if we reconcile after filing?

You can discontinue the action before a judgment is entered. If the case has been pending some time, ask your lawyer about the procedural steps to withdraw. See our page on marriage reconciliation.

Will the judge ask why the marriage broke down?

Generally, no. Because the ground is not triable, judges rarely probe the reasons — doing so would defeat the purpose of the no-fault option.

When to involve a New York divorce lawyer

Even when both spouses want a peaceful, no-fault divorce, the documents that end a marriage are the same documents that determine the rest of your financial life. Before signing anything, you should understand how New York classifies marital versus separate property, how the maintenance and child support formulas apply to your numbers, and what tax consequences flow from each transfer. An experienced matrimonial attorney can spot issues you may not see, draft protective and enforceable language, and confirm the judgment holds up years later.

If you need help filing a divorce on the irretrievable-breakdown ground or negotiating a settlement of the ancillary issues, the law offices of Albert Goodwin are available to assist. We have offices in New York City, Brooklyn, and Queens, New York. You can call us at 212-233-1233 or email [email protected].

This article is provided for general informational purposes about New York law and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, consult a licensed New York matrimonial attorney.