Tag Archives: irretrievably broken

No-Fault Divorce: An Examination of the Unintended Consequences of New York’s New Law

Written by Jennifer Jack, Albany Government Law Review Member

Introduction  

In October, New York State became the last state in the country to enact a no-fault statute, which went into effect on October 12th, 2010.[1]  New York amended the Domestic Relations Law with the addition of § 170(7), which allows for divorce where “[t]he relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath.”[2]  The legislature has articulated that generally a marriage is determined to be “irretrievably broken” and able to become the basis for a no-fault divorce if “either or both parties are unable or refuse to cohabit and there are no prospects for reconciliation.”[3]  In order to make this determination, the standard of “irretrievably broken” is determined by an examination of all the “facts and circumstances, as well as the factors underlying the determination.”[4]  To be deemed to have considered all the facts the court must examine the “subjective state of mind of the parties, because the central inquiry relates to the state of mind of the parties toward the marriage relationship.”[5]  Therefore, any evidence that indicates the “viability of the marriage” becomes admissible.[6]  In New York this evidence can be established through a statement under oath of either spouse.[7]

Continue reading

Advertisements

1 Comment

Filed under Matrimonial Law