US-New YorkHow long must the marriage be irretrievably broken before I can file?
In New York, you must allege that the marriage has been irretrievably broken for at least six months before filing for divorce.
What the Law Says
New York allows no-fault divorce based solely on the irretrievable breakdown of the marriage — no proof of misconduct or separation is required beyond the time period.
Since 2010, New York permits divorce without alleging fault (like adultery or cruelty). The sole no-fault ground is that the marriage has been 'irretrievably broken for a period of at least six months.'
This requirement is set by statute and applies whether you file jointly or individually. You do not need to prove why the marriage broke down — only that it has been broken for at least six months and there is no reasonable prospect of reconciliation.
The six-month period must have elapsed *before* you file your divorce papers. It does not need to be a period of physical separation — emotional or functional breakdown suffices, as long as it’s genuine and sustained.
Statutory TextThe relationship between husband and wife has broken down irretrievably for a period of at least six months.
— Domestic Relations Law §170(7) — Grounds for divorce
What Courts Have Said
Courts have consistently held that the six-month irretrievable breakdown standard is satisfied by credible testimony — no corroborating evidence or formal separation is required.
Held that a spouse’s sworn statement asserting irretrievable breakdown for six months is sufficient; no external proof or separation agreement needed.
Confirmed that the six-month period may include time before formal separation, as long as the breakdown was real and continuous.
What to Do
Confirm that at least six months have passed since the marriage became irretrievably broken — this can be based on your own assessment of the relationship’s end.
File a Summons with Notice or Verified Complaint stating DRL §170(7) as your ground for divorce.
Serve your spouse properly and proceed with disclosure, negotiation, or trial as needed.
If contested, be prepared to affirm under oath that the breakdown occurred and lasted at least six months — no further evidence is legally required.
Sources
Same Question, Other Jurisdictions
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US-CaliforniaNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.