The Criticality of a No-Fault Divorce
Historically, In New York State, we had only Fault Grounds for Divorce. This resulted in substantial litigation, and it was not often about the Fault Grounds for Divorce. We litigated because the parties did not agree on the financial issues, which leveraged those issues through litigating Fault Grounds. Several years ago, the New York State legislature modified our Divorce statues, and we not have a No Fault basis for Divorce. That basis requires only one spouse swears, under oath, that their marriage has been irretrievably broken down for at least 6 months or longer. A spouse who wants a Divorce in New York State can now obtain a Divorce without litigating issues, and without their spouse being able to prevent the Divorce for some other reason.