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What is a No-Fault Divorce?
New York State now has a “no-fault” divorce option which allows spouses to terminate their marriages after stating under oath that their marriage has broken down "irretrievably" for a period of six months. "No-fault" is an additional "ground" that may be used to obtain a divorce. Prior to the addition of this gound, divorcing parties were required, in many cases, to "prove" fault. For more information about grounds please feel free to visit our Divorce & Separation page.
Although the law enables couples to divorce without having to prove specific grounds, a no-fault divorce cannot be finalized until all ancillary issues have been resolved. These issues include child custody, child support, spousal support, responsibility for payment of counsel fees and equitable distribution of marital property. For this reason a no-fault divorce may be either contested or uncontested.
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