To keep it simple, New York State has a no-fault divorce law which is set forth in Domestic Relations Law 170 (7). So, it is no longer necessary to prove marital fault to obtain a divorce. As long as all issues are resolved before final judgment, the party seeking a divorce must allege to the Court that the marriage has been irretrievably broken for more than six months. The other spouses consent is not needed. The other fault grounds have not been repealed, but those grounds must be proven to obtain a divorce. Since judges do not wish to try grounds cases, the fault grounds have lost favor in most practice situations. Thus, the no-fault divorce has become the most desirable route in virtually all divorce cases. The term contested divorce used to mean that fault grounds were contested. Now, it means that other issues are disputed.
If you are interested in pursuing a contested or uncontested divorce at a reasonable cost, please call me at 516-747-2290.