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Is No-fault Divorce in NY legal? If Yes, what is the process from start to finish.

Albany, NY |

My husband had ask for a divorce since Oct. 2009. we had live in the same house but separate and apart martial bed, and since April 2010, we are living in separate residences. WE have not even filed for legal separation. I keep asking him to get the process going> He has a divorce lawyer and I DO NOT. Can you give me some Advise? Thank You

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Attorney answers 3


If you haven't been served a Summons with Notice, then you can initiate a divorce action under fault grounds if you have them. You will not be able to file a no fault divorce until 10/14/10, or 60 days after the Governor signed the bill into law.

THIS COMMENT DOES NOT CONSTITUTE LEGAL ADVICE and are provided for informational purposes only. Answering this question does not create an attorney-client relationship should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Attorney is licensed to practice law only in the State of New York. All answers are based solely on New York law, unless otherwise specified.


No fault is not yet in force in New York. The current system is fault based, and requires the filing of a summons and complaint. If you have not done so now, you can...or you can wait for the no fault law to take effect.


Unless the statute mandates retroactivity, your pending divorce may not be modified by the new law.

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