News
No-Fault Divorce May Be Subject to Litigation
In October 2010, New York became the last state in the country to recognize "no fault" divorce. This means that a spouse can seek to dissolve his or her marriage based on the “irretrievable breakdown” of the marriage. The new law also applies to same-sex couples married out of state that wish to obtain a divorce in New York.
The "no fault" divorce may not be as “simple” as it was intended to be. Several Justices have permitted cases to proceed to trial with regard to the issue of “irretrievable breakdown.” We need to await the Appellate Court’s pronouncements as to whether litigation will be permitted to defend the new "no fault" law, or if one person’s assertions as to “irretrievable breakdown” will be sufficient.
