Although marriage is a lifetime commitment, many marriages end in divorce. No-fault divorce laws make it relatively easy for those who are unhappy with their marital circumstances to sever their ties to their spouses and move on with their lives.
Some states make divorce much easier and more accessible to married couples than others. The people in New York generally do not have to prove fault to legally dissolve a marital relationship. The state has a no-fault divorce law that only requires a claim of an irretrievable breakdown of the marriage that has lasted for at least six months.
People may assume that making divorce accessible will increase the number of marriages that end in divorce. However, recent divorce statistics indicate that the opposite is true.
New York has a relatively low divorce rate
Divorce rates have declined in most jurisdictions in recent years, including in areas with high populations and relatively forgiving divorce statutes. When looking at national data, there were 9.8 divorces per 1,000 residents in 2010. In 2022, there were 7.1 divorces per 1,000 people.
When looking at data from 2022, New York is not one of the states with the highest levels of divorce. Arkansas led the nation that year with 11.85 divorces per 1,000 residents. Other states in the top ten ranged from 11.01 to 9.05 divorces per 1,000 residents.
New York is one of the states with the lowest divorce rates. It had the fifth-lowest rate of divorce in the United States in 2022, with only 5.71 divorces granted per 1,000 residents.
What does that mean for a divorcing couple?
Lower overall divorce rates may mean that couples have less time to wait for a hearing in family court. It may be easier to access services, including legal representation, because there are fewer couples per capita going through divorce at any given time than there are in many other states.
For those who do decide to divorce, becoming familiar with state laws can be beneficial. People need to understand the basics of equitable property distribution and the standards that govern child custody proceedings.
Discussing marital circumstances and concerns can help people prepare for an upcoming New York divorce. People who seek legal guidance throughout the process may have better chances of securing a reasonable outcome.