No-Fault Divorce Available in New York
In 2010, New York became the last state to enact some form of no-fault divorce. The law requires that the marriage be irretrievably broken. It removed the need for one partner to be held responsible for the breakdown of the marriage. It helps reduce the number of personal details that come to light in a trial aimed at finding fault.
Prior to the passage of this legislation, the only way for couples to obtain a divorce without assigning blame was to live for a year under a separation agreement. However, for many divorcing couples, this was impossible because they could not agree to the terms of the separation agreement.
As with other major changes to the law, the passage of the no-fault divorce law has been followed by a period of uncertainty and confusion regarding how it should be applied. It appears that the new no-fault law has not been uniformly applied by all judges, with some conducting trials to determine whether a marriage is irretrievably broken. The common approach in other states during a no-fault divorce is to allow dissolution if one spouse wants it. However, the New York no-fault legislation does not specify whether the no-fault ground should be subject to the same scrutiny as the other grounds for divorce, such as adultery.
In response, legislative efforts have been undertaken to clarify the operation of this law. If you are undergoing or contemplating divorce, consult an experienced New York divorce attorney who stays current on these legal changes and can navigate them to provide the most knowledgeable and effective representation. Se habla español.