There is now some uncertainty as what required in order to obtain a divorce when New York’s “no fault” ground is contested. A no-fault divorce will be granted in New York when, “The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath. . .”

Earlier this year, an upstate court opined that a trial was required when one party challenged the allegation that the marriage had irretrievably broken down.

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