• 25
  • June
    2010

In recent family law news, the New York State Assembly is currently considering the passage of a no-fault divorce bill. If approved, New York would become the 50th state to permit no-fault divorce.

Under current New York law, a married couple may only obtain an uncontested divorce after they have been legally separated for 12 months. However, if they wish to terminate their marriage earlier, one spouse has to cite specific grounds such as cruel and inhumane treatment, abandonment, adultery or imprisonment.

Unfortunately, these rather stringent requirements compel many couples to lie in court in order to secure their divorce in a more timely manner.

The no-fault bill, proposed by Assemblyman Jonathan Bing, D-Manhattan, would permit a divorce where "the relationship between the husband and wife has broken down irretrievably for a period of six months."

The bill does not extend into other areas of divorce law such as property division or child custody. It only states that a divorce will not be granted until these salient issues are fully resolved.

The no-fault measure was originally passed by the New York Senate 32-29 on June 15. It is now under consideration by the New York State Assembly. However, it appears likely to pass considering that nearly half of the Assembly members co-sponsored legislation to add the no-fault rule.

The Assembly has yet to set a formal voting schedule.

Governor David Patterson promised to speak with all interested parties, as well as carefully read letters from both opponents and proponents in the event the Assembly passes the no-fault bill.

This blog will periodically offer posts that communicate significant developments in the area of family law.

Related Resources:
  
• New York Poised to Pass No-Fault Divorce, Joining Rest of U.S. (Bloomberg Businessweek)