Image: Adobe Stock The Necessity of No-Fault Divorce
If the parties are unable to come to an agreement, they would bear the burden of having to prove fault in order to resolve the matter through litigation and successfully obtain a divorce. This burden can be costly, both financially and emotionally, to the divorcing couple and negatively impact any children caught in the middle.
July 17, 2023 at 09:09 AM
5 minute read
Legal Services
In 2010, New York added the "no-fault" ground for divorce, otherwise known as DRL Section 170.7. The addition allowed for one spouse to seek a divorce based upon their statement under oath that the relationship between the spouses has broken down irretrievably for a period of at least six months.
Often, uncontested and no-fault are terms that the general public interchanges but are quite different. Uncontested divorces, which are those in which the parties had previously entered into a settlement agreement resolving all of their economic and custody issues, are prevalent across the country as a separate cause of action, as they once were here in New York.
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