On August 15, 2010, Governor David Paterson signed a bill that created no-fault divorces in New York. Previously, only fault based criteria or separation could be cause for divorce.
No-fault divorces occur when two actions are completed: first, one party testifies that the spousal relationship has been broken “irretrievably,” meaning beyond repair, for at least six months. Second, spouses must have resolved all economic issues of property distribution, spousal and child support, fees, as well as custody and visitation issues. The settlement of the economic and domestic issues may be settled through a final judgement as determined by the Court.
No-fault divorces resemble uncontested divorces in a critical way. Uncontested divorces may occur when both spouses agree on division of assets, property, payment and child visitation and custody issues. Much the same, no-fault divorces require both spouses to agree on how the marriage will dissolve. However, the two concepts differ in that “no-fault” is a grounds for divorce, whereas an uncontested divorce is a type of divorce that is without contestation, or fighting between the parties.