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Non-fault divorce is a divorce where it is not necessary to allege wrongdoing in order to obtain the dissolution of marriage.The Complaint for Dissolution must state the appropriate lawful ground to obtain a divorce in New York. The divorce grounds are:(1) The cruel and inhuman treatment.(2) Abandonment for 1 year or more.(3) Imprisonment for 3 years or more.(4) Adultery(5) Living separate and apart for 1 year or more.(6) Irretrievable breakdown in relationship for a least six months.
The purpose of the waiting period in a no-fault divorce is to avoid rash decisions and allow the spouses time to possibly reconcile