No-Fault Legislation – the other type

I was inspired by DG over at NFP to write something not no-fault related, per se. But then I realized people do not read this blog to find out my thoughts on politics and other societal issues.  At least I hope that is not the case.  Surprisingly, I do get many hits when I delve into issues that are only tangentially related to PIP issues, which is interesting.

But, since there has been a lot of talk about no-fault regulation and legislation, I thought I would mention the piece of no-fault legislation that passed.  That would be “no-fault” divorce.  A copy of the bill that passed both chambers and will be signed as a chapter law (A-9753A) – and it is a short one – is reproduced here:

1 Section 1. Section 170 of the domestic relations law is amended by 2 adding a new subdivision 7 to read as follows: 3 (7) The relationship between husband and wife has broken down irre- 4 trievably for a period of at least six months, provided that one party 5 has so stated under oath. No judgment of divorce shall be granted under 6 this subdivision unless and until the economic issues of equitable 7 distribution of marital property, the payment or waiver of spousal 8 support, the payment of child support, the payment of counsel and 9 experts’ fees and expenses as well as the custody and visitation with 10 the infant children of the marriage have been resolved by the parties, 11 or determined by the court and incorporated into the judgment of 12 divorce.

Have a happy, healthy and safe independence day today.

Related Articles

• The amendments to no-fault regulations and what they mean to you
• Plaintiff no-fault firm legislative influence on State Senator introductions
• No-Fault verification requirements and partial compliance issues
• Understanding CPLR 3212(g) paradigm in no-fault cases
• New York No-Fault Insurance Law

Legal Update (February 2026): Since this post’s publication in 2010, New York’s no-fault divorce law has been refined through court decisions and procedural amendments, particularly regarding the resolution of economic issues and the “irretrievable breakdown” standard. Practitioners should verify current provisions of Domestic Relations Law Section 170(7) and related court rules, as implementation guidance and procedural requirements may have evolved significantly over the past fifteen years.