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                                                  IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP
                                   FOR AT LEAST SIX MONTHS  (NEW! 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.

Prior to the inclusion of the Domestic Relations Law §170(7) "Irretrievable Breakdown in Relationship for at
Least Six Months", couples would have to legally separate for (1) year to obtain a No-Fault divorce (see, Separation
Agreement).

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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