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2 Domestic Relations Law permits both fault-based and no-fault What are The Laws for Divorce in New York For a no-fault divorce to occur, the marriage must have irretrievably broken down for at least six months. Adultery, brutality, desertion, and incarceration are examples of fault-based grounds. In addition to settling matters like property partition, spousal support, child custody, and child support, there are residency restrictions. While not always equal, equitable distribution rules guarantee a fair distribution of assets.