The new “No-Fault” divorce law in New York (NY DRL §170(7)) has drawn quite a reaction. Some positive; as would be expected. Some negative; which goes without saying. For years, there has been controversy over whether New York should follow most states down the path of “Irreconcilable Differences,” as a grounds for divorce. Should New York value marriage more than other states? Should New Yorkers be forced to have a good reason to end their marriages? The flip side of the coin has focused on the reality of the situation. Those in favor of irreconcilable differences have kept the view that New Yorkers will get divorced anyway; even if they have to lie about the reason. Should New Yorkers have to lie about why they are ending their marriages? Well now they won’t have to. At least, according to some. On October 15, 2010, New York became the last state to enact a “No-Fault” divorce statute. In a recent article on August 16, 2010 on Bloomberg.com by Carlyn Kolker and Patricia Hurtado entitled “Divorce Easier as New York Ends Need to Lie,” New York’s divorce record and data are presented. You can see that article at http://www.bloomberg.com/news/2010-08-16/breaking-up-not-so-hard-to-do-as-new-york-s-divorce-law-ends-need-to-lie.html.
The fact of the matter is that New York has come a long way in making divorce easier with the implementation of this new law. It is not as easy as some may think though. “No-Fault” simply ends the battle over blame. It ends the need to lie over whose fault the divorce is in the first place. It doesn’t resolve the issues of child custody and visitation, maintenance, child support, and equitable distribution. All of these issue still need to be resolved or the removal of the blame is all for naught. To be honest, the grounds issue is not litigated as often as the other issues anyway. So in most cases, this “No-Fault” statute, will not be helpful.
If you are considering getting divorced and all of the publicity about this new law has you confused; Feel free to call us at (516) 858-2620 !
