How to qualify for a no-fault divorce?

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How to qualify for a no-fault divorce?

My friend is filing for divorce after 8 months of marriage and after living for another 8 months out of the wife’s house (total of 16 months of marriage). He is filing under the no-fault divorce law. They have no kids, property or debt together. The 8 months of the marriage he was staying in the wife’s apartment and was paying her mortgage. Can this divorce be contested by the wife? If yes, on what grounds? If not, how long does it take after serving her the papers?

Asked on June 13, 2012 under Family Law, New York

Answers:

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

Answered 9 years ago | Contributor

A person seeking a no-fault divorce in New York may file suit at any time after the marriage has been "irretrievably broken down" for at least six months.  So it appears by the time line here that your friend is fine.  Now, a party can always rty and contest a divorce if they do not want it.  "No-fault" just means that you do not have to prove grounds such as adultery.  But it does not mean that it can not be contested.  He needs to speak with a lawyer.  Good luck.


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