Irretrievable breakdown of the marriage is a new ground for divorce in New York that was added to New York Domestic Relations Law (DRL) section 170(7) and became effective October 12, 2010. The new ground of irretrievable breakdown of the marriage as defined by DRL section 170(7) provides:
The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath. No judgment of divorce shall be granted under this subdivision unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts’ fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties or determined by the Court and incorporated into the judgment of divorce.
Furthermore, the new DRL section 170(7) provides that no judgment of divorce based on the ground of irretrievable breakdown of the marriage shall be granted unless and until all of the components of DRL section 170(7) has been resolved by the parties or determined by the court and incorporated into the judgment of divorce. Therefore, a carefully prepared document properly executed and understood by the parties stating how all of the components of DRL section 170(7) have been resolved would be an essential component of this new ground for divorce of irretrievable breakdown of the marriage.
Consult With A Lawyer
If you want to base a divorce on the grounds of irretrievable breakdown of the marriage or need to obtain more information about the ground for a divorce you can call the Law Office of Jerold S. Slate at (845) 471-4141 to arrange for a personal and confidential consultation. Irretrievable Breakdown of the Marriage
