NY Passes a No-Fault Divorce Statute

September 2, 2010

Most states allow a divorce based on irreconcilable differences. However, the New York statute does not use that phrase. The language in the New York statute is that the "...relationship… has broken down irretrievably for a period of at least six months..."

In order to use these grounds, one of the parties must state under oath the breakdown in the relationship.

The statute specifically provides that a Judgment of Divorce cannot be granted under these grounds until all of the economic issues; child support, custody and visitation, if applicable, as well as payment of counsel fees and expert fees and expenses, have been resolved by the parties or determined by the Court and can be incorporated into the Judgment of Divorce.

For More Information: http://www.nytimes.com/2010/06/16/nyregion/16divorce.html