New York Divorce Law

Up until July 2010, New York recognized divorces only upon fault-based criteria, though the parties could have agreed to enter into a separation and have the separation agreement or judgment be the further basis for a divorce after one year. The parties could also agree to an uncontested divorce as long as one of the parties was willing to allege one of the fault based grounds or has the requisite separation agreement or judgment.

However, the state Senate on June 30, 2010, approved a No-Fault Divorce bill. The State Assembly also passed the No-Fault Divorce bill on July 1, 2010, and the Governor has signaled that he intends to sign it into law.

The new law, which is to be signed any day now, will amend the current law adding a new No-Fault ground for divorce - IRRETRIVABLE BREAKDOWN OF THE MARRIAGE

New York recognizes divorces upon fault-based criteria, though the parties may agree to enter into a separation and have the agreement or judgment be the further basis for a divorce after one year. The parties may also agree to an uncontested divorce as long as one of the parties is willing to allege one of the fault based grounds or has the requisite separation agreement or judgment.