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The New 'Irretrievable Breakdown' Ground for Divorce

By Bari Brandes Corbin and Evan B. Brandes
March 22, 2011

Domestic Relations Law (DRL) ' 170 was amended in 2010 to add “irretrievable breakdown” in subdivision 7, a “no-fault ground” for divorce. After it became effective on Oct. 12, 2010, many thought that the new ground would make it possible for one party to the marriage to unilaterally end it. Not so fast.

In order to establish a cause of action and obtain a divorce under DRL ' 170 (7), the party seeking the divorce on irretrievable breakdown grounds must, in addition to satisfying the residence requirements of DRL ' 230, establish that: 1) the relationship between husband and wife has been irretrievably broken; 2) for a period of at least six months. In addition, the plaintiff or defendant must state under oath that the relationship is irretrievably broken.

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