Court Rules There Is No Defense To New York's No Fault Divorce

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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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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