Close X

What is an irretrievable breakdown in a New York divorce?

New York Domestic Relations law section 170(7) is the New York version of no-fault divorce. Irretrievable breakdown or irreconcilable differences means that you and your spouse are not getting along and the marriage has broken down. All that is required is a sworn statement by one spouse that the relationship has been broken down for at least six months.

However, in order to be granted a judgment of divorce New York Domestic Relations Law section  170 (7)'s provides that “[n]o judgment of divorce shall be granted under this subdivision unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce.”

Bronx divorce lawyer Bryan J. Hutchinson will fight for your right to child custody, child support, spousal maintenance, and equitable distribution of property. We zealously represent divorce and family law clients for over 20 years in New York State Courts in the Bronx, Brooklyn, Queens, Manhattan, Westchester, and Nassau Counties. Call the Law Office of Bryan J. Hutchinson, PLLC at (718) 671-0900 for a confidential consultation.