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                                                    IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP
                                          FOR AT LEAST SIX MONTHS  (No-Fault Divorce)

Irretrievable Breakdown in Relationship for at Least Six Months (commonly known as "No-Fault Divorce") is
one of the legally acceptable reason(s) or ground(s) a party can now use in order to obtain a divorce in the State of
New York.

In a No-Fault divorce, neither Husband nor Wife has to prove or admit any situations of "wrongdoing" to
end the marriage

An action for a No-Fault divorce may be maintained where the relationship between Plaintiff and Defendant has broken
down irretrievably for a
period of at least six months. This is accomplished by either the Plaintiff or Defendant (via
"sworn affidavit") stating that the relationship has broken down for at least (6) months.

Per DRL §170 subdivision (7), if this ground is alleged, "then all 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 minor children of the marriage have been resolved by
the parties or determined by the court and incorporated into the judgment of divorce."

Note: The information referenced above and/or duplicated within this page, is directly from the New York State Unified
  Court System booklet (and described in the New York Domestic Relations Law §170).

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