No-Fault Divorce Law Enacted In New York


On August 16, 2010, New York State finally joined every other state in the nation by enacting a no-fault divorce law. Under the new law, which goes into effect on December 14, 2010, judges may now grant divorces when a marriage has been “irretrievably broken” for more than six months. Previously, a husband or wife, faced with an uncooperative spouse, could only obtain a divorce if he or she could prove fault-based grounds such as cruel and inhuman treatment, abandonment, or adultery. And even when spouses agreed to divorce, if they could not honestly demonstrate grounds, their only option was to either invent grounds to satisfy New York’s out-of-step statute or, even before applying for a divorce, live apart for a full year under a separation agreement.

The new no-fault law allows couples to divorce without deviating from the truth, and effectively ends one spouse’s ability to hold the other in an unhappy marriage that was not quite unhappy enough to satisfy any of New York’s fault-based grounds for divorce.

LOADING PDF: If there are any problems, click here to download the file.

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.

© Pryor Cashman LLP | Attorney Advertising

Written by:


Pryor Cashman LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.