Which two elements must be shown to establish no-fault divorce in New York?

• A. A sworn statement that the relationship has broken down and a minimum six-month period prior to filing
• B. Adultery
• C. Abandonment for five years
• D. A separation agreement is required

Answer: (A)

New York allows a no-fault divorce based on irretrievable breakdown of the marriage. To establish this, two things must be shown: first, there is a sworn statement (an affidavit) that the relationship has broken down irretrievably; second, there has been a period of separation for at least six months before filing. These elements reflect that the marriage has effectively ended without having to prove fault.

Adultery or abandonment are fault-based grounds and are not required for a no-fault divorce, which is why they’re not the right path here. A separation agreement isn’t required to obtain a no-fault divorce, though having one can sometimes help with the separation and terms of support—it's not a mandatory component.