When is a no-fault divorce appropriate?

UPDATED: Sep 14, 2011

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When is a no-fault divorce appropriate?

Man legally married to his wife for 9 +years and now wants to seek divorce. Both have never filed a legal separation and have been living in separate homes for 9 years. The man has paid child support for his children but does not have any assets. Can this man file for a no-fault divorce? Or what kind of divorce will this be in NY?

Asked on September 14, 2011 under Family Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  A no-fault divorce- which is new to New York, the last state I believe to adopt the grounds for divorce -  just means that you do not have to state "fault" grounds in your filing of the divorce complaint, as grounds for divorce (what gives rise to the cause of action) must be stated.  It used to be things like adultery or abandonment and then you had to prove the grounds in order for the court to issue the divorce.  Now you have to just state that there is an irretrievable breakdown of the marriage.  I would suggest that he seek consultation from an attorney as there will be issues of child support, etc., that need to be discussed.  Good luck.

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