• 17
  • August
    2010

Until this past weekend, New York was the only state in the country that did not allow no-fault divorce. However, this all changed Sunday when New York Governor David Paterson officially signed the state's no-fault divorce bill into law.

The no-fault divorce bill enables New Yorkers to secure a divorce if their relationship "has broken down irretrievably for a period of six months" and all other divorce-related issues have been resolved (i.e., child custody, child support, spousal maintenance/alimony, property division). 

Under the state's previous law, a couple must have been legally separated for at least 12 months and agreed on all divorce-related issues before they could obtain an uncontested divorce.

However, those couples seeking to end their marriage as soon as possible had to claim specific grounds such as adultery, imprisonment, cruel and inhumane treatment or abandonment.

This prior system often led to prolonged, costly and overtly hostile courtroom battles as couples fought to establish who was at fault for the end of the marriage. In addition, many couples would often lie in court in order to hasten the divorce process.

In 2009, there were 56,937 divorces in the state of New York. 13,213 of these divorces were contested and 43,724 of these divorces were uncontested.

"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.

The new law goes into effect in 60 days, and will apply to all divorces filed on or after that date.

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