New York Domestic Relations Law §170(7): The Most Efficient Ground for Divorce

New York Domestic Relations Law (DRL) §170(7) is the state's no-fault divorce statute and is the most commonly used ground for obtaining a divorce. Enacted in 2010, this provision fundamentally changed New York divorce law by allowing spouses to dissolve their marriage without proving that either party was at fault. Before the adoption of DRL §170(7), spouses were generally required to establish one of several fault-based or separation-based grounds, such as adultery, abandonment, cruel and inhuman treatment, imprisonment, or living separate and apart under a judgment or written separation agreement. The introduction of no-fault divorce simplified the legal process and made obtaining a divorce more accessible and efficient.

Under DRL §170(7), a spouse may commence an action for divorce by stating under oath that the marriage has suffered an irretrievable breakdown for a period of at least six months. The statute does not require the filing spouse to prove misconduct, assign blame, or present evidence that the other spouse caused the marriage to fail. Instead, the focus shifts away from the reasons for the breakdown and toward resolving the legal and financial issues that accompany the end of the marriage. Before a judgment of divorce may be entered, all ancillary matters—including equitable distribution of marital property, spousal maintenance, child custody, parenting time, child support, and the allocation of marital debts—must either be resolved by agreement or determined by the court.

The principal purpose of DRL §170(7) is to eliminate unnecessary litigation over fault. In many marriages, both spouses acknowledge that the relationship has ended, yet proving fault under another subdivision of DRL §170 may require extensive testimony, documentary evidence, witness examinations, and prolonged court proceedings. By eliminating these evidentiary burdens, the no-fault statute allows the parties and the court to devote their attention to the issues that have a direct impact on the parties' future, including financial security, parenting arrangements, and the fair distribution of marital assets.

For most individuals, filing under DRL §170(7) is the most efficient method of obtaining a divorce. Because fault does not have to be established, the legal process is generally faster and less expensive than fault-based litigation. Attorneys spend less time preparing evidence concerning marital misconduct, court appearances may be reduced, and many cases can be resolved through negotiation rather than trial. The streamlined process also conserves judicial resources by avoiding litigation over issues that are often unnecessary to the resolution of the divorce itself.

The no-fault approach also offers significant emotional and practical benefits. By removing the need to publicly accuse one spouse of wrongdoing, DRL §170(7) often reduces hostility between the parties and encourages cooperation during settlement discussions. This can be especially important when children are involved, as minimizing conflict may help parents develop effective co-parenting relationships after the divorce. Even in contested cases, the no-fault ground allows the parties to concentrate on resolving substantive legal issues rather than reliving painful events from the marriage.

In conclusion, DRL §170(7) has become the foundation of modern divorce practice in New York because it provides a straightforward, efficient, and less adversarial path to dissolving a marriage. By allowing spouses to obtain a divorce based on the irretrievable breakdown of the relationship rather than requiring proof of fault, the statute simplifies the legal process while promoting fairness, efficiency, and judicial economy. For most couples seeking to end a marriage that can no longer be repaired, filing under DRL §170(7) is the most practical and effective method of obtaining a divorce under New York law.