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  1. #1
    Join Date
    Sep 2016
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    Default Can a Divorce Petition be Denied in New York

    Is it possible that a divorce petition could be denied if one of the spouses doesn't want to get divorced, and wants to attempt reconciliation and marital counseling instead?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can a Divorce Petition be Denied in New York

    Under New York law, divorce may be granted on the grounds that, for a period of six months or more, the marriage has broken down irretrievably. When interpreting that no fault divorce law, courts have rejected the argument that the petitioner must offer proof that the marriage breakdown is irretrievable. As a result, there is no defense to a divorce petition made under the no fault provisions of New York law, so if one spouse wants a divorce it can be granted over the other spouse's objections.

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