Restraining Order and no fault divorce

You can file no fault but this question is better suited for the matrimonial section! Joseph A. Lo Piccolo, Esq. Immediate Past President, Criminal Courts Bar Association 11'-12' Hession Bekoff & Lo Piccolo 1103 Stewart Ave, Suite 200 Garden City, NY 11530 516-408-3666 (o) / 516-408-3833 (f) [email protected]

Yes you can file a divorce action, Since October 2010, a new ground has been added, effectively permitting no-fault divorce in New York state: (the last hold-out in the country) You would need to allege that "The relationship between husband and wife has broken down irretrievably for a period of at least six months (DRL §170.7)"

You can now (since 2010) file for no-fault divorce in New York.

Yes you may file for a divorce without any allegation of fault. Consult an attorney

You can file a no fault divorce on the grounds of DRL 170(7). Irretrievable breakdown.

Yes you can file a no fault divorce but there are prerequisites that must be met and she could technically still contest it. I suggest that you not go at this alone and review the matter with an attorney.