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 !
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!
Many New York residents are unclear about what it takes to qualify for divorce. Putting residency requirements aside and before you get into property dispute issues, there exists a hurdle that must be met under New York law. This is to say that you need a legally acceptable reason to terminate a marriage. New York is not a state that accepts Irreconcilable Differences in its Domestic Relations Law. This has caused a great deal of controversy and has garnered much attention over the years. A March 31, 2009 article in the New York Daily News by Jose Martinez touched on how this has caused New York couples unnecessary aggravation (http://www.nydailynews.com/ny_local/state_of_shame/2009/04/01/2009-04-01_how_albany_is_divorced_from_real_world_n.html).
Domestic Relations Law in New York provides the acceptable divorce grounds to be:
1) cruel and inhuman treatment
2) abandonment for a period of 1 year or longer
3) imprisonment for a 3 year period subsequent to the date of marriage
4) adultery
5) conversion of a judgment of separation
6) conversion of a separation agreement after 1 year
Please note that New York now allows a no-fault divorce under DRL section 170(7).
Not sure if you fall into one of these categories? Call the Law Firm of Vaughn, Weber & Prakope, PLLC today at (516) 858 – 2620!
Please visit our Family Law and Divorce categories to learn more about Family Law and Divorce issues.
Keep in Touch