• 17
  • August
    2010

In recent family law news, the state of New York officially enacted a no-fault divorce bill this past weekend. The legislative measure, signed by Governor David Paterson on Sunday, makes New York the final state to permit no-fault divorce.

Under previous New York law, a married couple could only obtain an uncontested divorce after they had been legally separated for 12 months and agreed on all divorce-related issues, including child custody, child support, property division, alimony/spousal support.

However, if they wished to terminate their marriage earlier, one spouse had to cite specific grounds such as cruel and inhumane treatment, abandonment, adultery or imprisonment.

Unfortunately, these rather stringent requirements compelled many couples to lie in court in order to secure their divorce in a timelier manner. It also resulted in many acrimonious and costly courtroom battles between spouses seeking to assign blame for the end of the marriage.

"By removing the requirement to prove fault, divorcing couples and the courts will no longer have to waste resources litigating on whether a marriage should end, but will be able to better focus on issues such as the welfare of the children, fair division of marital assets and other economic concerns," said Stephen Younger, President of the New York State Bar Association.

There were approximately 56,937 divorces in New York last year. 43,724 of these divorces were uncontested, while the other 13,213 divorces (23 percent) were contested.
Under the new law, a couple may obtain a divorce when their marriage has "broken down irretrievably for a period of six months" and all divorce-related issues have been resolved.  It takes effect in exactly 60 days and will apply to all divorces filed on that date and thereafter.

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

Related Resources:
  
• Divorce Easier as New York Law Ends Need to Lie (Bloomberg News)