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No Fault Divorce is Now the Law in New York

For cases filed after October 15, 2010 there’s a new section of the Domestic Relations Law that allows for no fault divorce. Domestic Relations Law Section 170 adds subsection 7:

(7) The 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. No judgment of divorce shall be granted under this subdivision unless and until the 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 infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce.

This was signed into law by Governor Patterson on August 15, 2010, and takes effect 60 days from signing, affecting only cases filed after that date.