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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