No-Fault Divorce

A new law went into effect in October 2010 which drastically changed the grounds for divorce in New York State. Under Domestic Relations Law 170(7), New York permits a divorce to be granted based on the fact that the marital relationship “irretrievably broke down” for a period of at least six months immediately prior to the commencement of the divorce action. This new law permits an individual to commence a divorce action solely based on the fact that the relationship between the husband and wife has broken down irretrievably so as to render it improper for the parties to cohabit as husband and wife.

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Is No-Fault Divorce Right For You?

In essence, this means that for the first time in New York State one party does not necessarily need to be deemed at “fault” for the deterioration of the marriage. Pursuant to New York State law, the original fault-based grounds such as adultery, abandonment, cruel and inhuman treatment, and imprisonment still in effect, but now they are not the only grounds available for a spouse seeking to end a marriage. In fact, most Courts will not even entertain a divorce in New York State under any of the “fault” grounds anymore. This is due to the fact that proceeding under “fault” typically causes the other spouse to contest the grounds which may significantly delay the divorce proceedings unnecessarily.

In order to help you understand the implications and effects of New York State’s No-Fault Divorce Laws, please give the divorce lawyers at Cozzo Law a call at 631-234-2070 and we will be happy to arrange a free consultation to answer all questions you may have regarding the new no-fault divorce laws.