To establish no-fault divorce in New York, what two elements must be proven?

• A. A sworn statement that the relationship has been broken down and a period of six months or more before filing.
• B. Adultery and abandonment
• C. A finding of cruelty for five years
• D. A court-ordered separation prior to filing

Answer: (A)

No-fault divorce in New York rests on two things: the marriage has irretrievably broken down, and at least six months have passed during which the spouses have lived separately. This breakdown is typically shown by a sworn statement (an affidavit) signed by the spouses stating that the relationship has broken down irretrievably, together with proof that they have been living apart for six months or more before filing. This combination—that the breakdown is acknowledged under oath and the six-month separation has occurred—meets the no-fault requirement. Other options describe fault grounds or a court-ordered separation, which are not required for no-fault divorce.