Lawmakers approve no-fault divorce

ALBANY -- New Yorkers would be able to file unilaterally for no-fault divorce under a measure that received final legislative approval Thursday.

Under current law, New York judges can grant divorce only on grounds of cruelty, adultery, abandonment or getting sent to prison for at least three years. They also can grant a divorce one year after a couple file a separation agreement when both sides consent.

The new measure requires one spouse to swear under oath that the relationship has broken down irretrievably for at least six months.

Property division, alimony, child custody and support would have to be resolved first.

Assembly Speaker Sheldon Silver, whose house passed it 113-19, says he believes Gov. David Paterson will sign it.

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