New York's No Fault Divorce: Trial Required To Prove Marriage is Irretrievably Broken


When no-fault divorce came to New York, it was supposed to end the need for grounds trials. Fault trials are universally viewed as time consuming and needlessly expensive; no fault divorce was supposed to be the panacea.

When enacted, it was assumed that the allegation that “the marriage had irretrievably broken down with no prospect of reconciliation,” would create an irrebuttable presumption that would, in essence, establish the ground for divorce, completely eliminating the need for a grounds trial.

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