In 2010, New York passed a new provision to the state divorce law. It is called "no-fault" divorce, which means that a relationship has broken down and that the parties involved in the relationship have mutually decided to divorce. The relationship has to be irretrievably broken for at least six months to qualify for the "no-fault" provision; otherwise the divorce has to meet one of the six provisions outlined by the state prior to 2010.

"No-fault" divorce does not mean the splitting spouses are barred from disagreeing on issues pertaining to the divorce. Child support, alimony, property division - all can still be contested and, in most cases, all probably will be contested. The provision, rather, accommodates a new situation where a relationship has become toxic and warrants divorce, but under old law, it would not be permitted.

It appears the first "no-fault" divorce has been granted after a 79-year-old woman took her husband to court to try and dissolve a marriage that had lasted more than five decades.

A Suffolk County Supreme Court Justice ruled that the woman could divorce her husband on the grounds of an irretrievably broken marriage. The judge described the cold nature of the couple's relationship, saying the two lived under the same roof but did not sleep together or eat meals together. Lacking common friends, seemingly not communicating with each other and not having marital relations in more than five years, the couple will now head for divorce.

"It is this Court's determination that the parties' relationship has so deteriorated irretrievably ...the plaintiff is entitled to a judgment of absolute divorce," the judge said.

Source: New York Post, "First no-fault divorce granted," Erin Calabrese, Jan. 26, 2012