What is a No-Fault Divorce in New York?
The grounds for divorce in New York State vary, but what we’re using primarily at the present time is an irretrievable breakdown of a marriage. The new law allows for a divorce to take place based upon an irretrievable breakdown where one party believes that the marriage was broken at least six months prior to the commencement of the proceedings. This can create problems in very short marriages in getting an uncontested divorce. In those situations, we may have to think of other grounds or circumstances on which to get the divorce. It could be a situation where there was cruelty, abandonment, or adultery. There could be a situation where we’re able to use one of those of a lighter degree in order to grant a divorce on a short term marriage, or perhaps even the possibility of an annulment.