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Do I still have to prove that my spouse
Q & A
Q. Do I still have to prove that my spouse was cruel or abandoned me or did something wrong to get a divorce in New York?
A. No you no longer have to prove fault in New York.
THE NEWEST GROUND: COMMONLY CALLED “NO-FAULT DIVORCE” IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP DRL §170 (7)
To get a divorce on this ground, your relationship with your spouse must have broken down irretrievably (so that it is impossible to repair or reconcile) for a period of at least six months.
a) One of the parties must swear under oath that the relationship has broken down irretrievably for a period of at least six months; AND
b) You and your spouse have either resolved all the economic issues of distribution of property, spousal support, child support, and counsel and/or experts fees and expenses, and the custody and visitation with the minor children of the marriage OR these issues have been decided by the court and incorporated into the final judgment of divorce.