Uncontested Divorce or No Fault Divorce
The seventh and most recent ground to be added to New York’s Domestic Relations Law (“NYDRL”), allows parties to be divorced on the ground that the relationship between the spouses has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath, AND there are no economic issues of equitable distribution of marital property, issues of payment of spousal support, issues of payment of attorney’s fees and expenses; and when there are minor children of the marriage, no pending issues of payment of child support, child custody and visitation, healthcare and expenses. If there are any pending issues between the parties, then the Court will not grant a judgment of divorce under this subdivision. To be divorced under this ground, all issues must have been resolved by and between the parties, or determined by the Court (a Family Court in some cases) and then incorporated into the judgment of divorce.