New York N0-Fault Divorce
New York Divorce Simplified
Uncontested Divorce in New York just got easier. On August 16, 2010, New York State finally joined every other state in the nation by enacting a no-fault divorce law. Under the new law, which went into effect on October 14, 2010, judges may now grant divorces when a marriage has been“irretrievably broken” for a period of more than six (6) months. Previously, a husband or wife, faced with an uncooperative spouse, could only obtain a divorce in New York if he or she could prove fault-based grounds such as cruel and inhuman treatment, abandonment, or adultery. These restrictions no longer apply under the new no-fault law. Simply put, the new law enables couples to commence an amicable action for divorce without resorting to the more egregious grounds of cruel and inhuman treatment, abandonment, or adultery.
The highlights of the New York no-fault law are:
- A divorce may be granted when the relationship between a husband and wife “has broken down irretrievably for a period of at least six (6) months.”
- In order to commence an action for divorce under the new no-fault law, the parties must have been married for at least six (6) months.
- Proof that the marriage is “irretrievably broken” is supplied merely by one party stating so under oath (this is provided for in the Plaintiff’s affidavit).
- The court may not grant a judgment of divorce, however, until all the
economic issues of the divorce, and all issues involving any children, are resolved by the parties (through a stipulation or separation agreement) or determined by the court.
- The new law became effective on October 14, 2010.