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Asked 11/1/2011

Has the new "No fault" divorce law taken effect in New York yet?

I know that NY had a fault based only divorce decree. I have since read that NY finally implemented a no fault option for divorces. Has this taken place yet?

 
 
 
 
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Answer 1/2 - Submitted 11/2/2011

New York now allows divorce for "irretrievable breakdown" of the marital relationship for a period of 6 months prior to filing for divorce.

This, in effect, amounts to No-Fault divorce, although the words "no fault" aren't exactly used.

This just came about this year.

 
 

Answer 2/2 - Submitted 11/5/2011

Yes, this law has been in effect since 2010. You can now file on the basis of mutual consent with no grounds by pleading that the relationship between the parties have irretrievably broken down for a period of at least six months.

 
 
 
 
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