Is New York’s No-Fault Divorce Automatic?

On March 15, 2012, in Divorce, Family Law, by John A. Weber IV, ESQ.

Recently, we have received some questions regarding whether or not a Defendant can challenge a No-Fault Divorce in New York.  Being that the statute is so new, there still remains some uncertainty and inconsistency throughout the trial courts.  The truth is that nobody really knows at this point.  The statute calls for an “irretrievable breakdown of the marital relationship in excess of 6 months.”  The language itself does give rise to certain questions such as how a Plaintiff can prove such a breakdown?; or how can a breakdown be irretrievable when at least the Defendant is willing to reconcile.  These are issues that will need to be worked out in the higher courts.  If you have questions regarding the new No-Fault Divorce statute in New York, call (516) 858-2620 to speak to a Matrimonial Attorney.

 

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