New York has awarded what is believed to be the first contested no-fault divorce in the state since it adopted a new law allowing a spouse to file for divorce without claiming the other party is at fault.

Prior to the introduction of the year-old statute, someone who wished to file for divorce in New York first had to show that his or her spouse was cruel, adulterous and neglectful or had otherwise caused the marriage to fail. Lawmakers approved no-fault divorce in 2010 in order to make full separation possible without forcing couples to invent false justifications for the split.

Under the no-fault provision, claiming that one's marriage has been irrevocably damaged for at least six months is enough to qualify. Up until now, no-fault divorces were almost always used for couples divorcing on amicable terms.

New York recently granted a divorce to a 79-year-old woman who hoped to end her 56-year marriage. In accordance with the no-fault provision, the woman explained that she and her husband slept in separate rooms, never ate meals together and had not had marital relations in excess of five years. She told the judge that she did not believe her marriage could be repaired, adding that she wanted to recover half of the couple's marital assets so she could leave them to her children when she dies.

The woman's husband contested the filing, arguing that he had worked hard to acquire everything the couple owned and wanted to avoid losing half of his assets.

The judge ultimately sided with the woman. According to the New York Law Journal, this marks the first time such a decision has been handed down in the state. A no-fault divorce is an easier way for someone to get the divorce they want without relying on the other party.

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