No Fault Divorce

No fault divorce in New York ?

With a bill pending that would allow New Yorkers to obtain a divorce under “No Fault” grounds, our office has been receiving some questions.  I hope that this can clear some of those questions up for people.  The bill would allow parties to terminate their marriage without meeting the requirements of the six traditional grounds for divorce in the New York Domestic Relations Law section 170.  “No Fault” divorce therefore, in essence eliminates the issue of grounds from litigation.  It is unquestionable that this does make it easier to obtain a divorce in New York.  It is however, not as easy as it sounds.  All other issues must be worked out or determined before a successful “No Fault” divorce can be granted.  Therefore, maintenance issues (which also have a pending change forthcoming), child custody, visitation, child support, equitable distribution of property, etc., must all be resolved through traditional means.

Since grounds for which a divorce may be obtained are litigated on a lesser level than other matrimonial issues in the first place, this new development does not make things as easy as it sounds.  When it does take effect however, New Yorkers will no longer be considered a “difficult” state to end a marriage due to the lack of “Irreconcilable Differences” as a ground.

If you have any further questions about this new development in New York Law, please feel free to contact the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today!