Nassau county family law attorney, Barton Resnicoff, shares how no fault divorce can be achieved in New York.
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What’s required is one of the parties, and only one of the parties, must state under oath that the marriage has irretrievably broken down for six months or more prior to the date of commencement. Plus, in addition to that, the other issues of the divorce – whether there be property division issues, support issues, custody issues – must be resolved either by trial or agreement before the actual divorce can be granted. One party cannot prevent the divorce from taking place, and that is the key.