January 25, 2013
WHAT CONSTITUTES A “RESOLUTION” OF ECONOMIC ISSUES UNDER THE NEW YORK NO FAULT DIVORCE STATUTE?
Posted by Marc Rapaport
New York's no fault divorce statute, D.R.L. Section 170(7), provides that either the husband or wife may obtain a judgment dissolving the marriage by alleging that the marital relationship "has broken down irretrievably for a period of six months." No trial regarding the existence of an irretrievable breakdown is required. A sworn statement by the plaintiff, in the form of a verified complaint, is the sole evidentiary requirement to establish the existence of a marital breakdown. Courts will not permit the other spouse (Defendant) to challenge the existence of an irretrievable breakdown.