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Divorce Law

NY Lawyers Experienced in No Fault Divorces

If you are seeking a no fault divorce in New York, our attorneys can help. Each year, the NY divorce lawyers at Rapaport Law Firm prepare and file thousands of no fault divorces. For a free telephone consultation, call us today: ph (212) 382-1600. Our offices are conveniently located in Manhattan's Empire State Building.

New York was the last state in the United States to offer its residents a no-fault basis for obtaining a judgment of divorce. The New York no-fault divorce statute became effective on October 12, 2010. Not surprisingly, no fault quickly became the most common basis for New York divorces. In 2011, more than 90% of New York divorce cases were filed on the basis of New York's no fault statute. A no-fault divorce is also frequently referred to as a divorce based on "irreconcilable differences".

New York's no-fault ground for divorce is codified in New York's Domestic Relations Law as Section 170(7), which provides as follows:

The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath. No judgment of divorce shall be granted under this subdivision unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce.

The procedures and forms applicable to no fault divorce in New York are substantially similar to those which are required for the pre-existing, fault grounds (abandonment, cruel treatment, etc.). For a variety of reasons, most people choose to file their divorces based on no-fault rather than the other, fault-based grounds. This is particularly true in simple divorce cases, where the primary goal is to obtain a fast divorce and financial issues have already been resolved. Unlike other grounds for divorce, there is no defense to a divorce complaint that is filed on the ground of irreconcilable differences. In recent reported decisions, New York judges have repeatedly ruled that the mere statement by the plaintiff spouse (the spouse filing the complaint) that there has been an irretrievable breakdown is the sole proof required for a no fault divorce under New York law.


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One Penn Plaza
Suite 2430
New York, New York 10119
Phone: 212.382.1600
Facsimile: 212-382-0920