New York No Fault Divorce: Closer to Becoming a Reality
Posted By Douglas S. Kepanis, LL.M. on Jul 6, 2010 9:14am PDT
The New York State Assembly, on July 1, 2010, passed a no-fault divorce bill in a 113 to 19 vote. The bill was previously passed by the New York State Senate in a 32 to 29 vote. The bill will now be presented to Governor Paterson, which he may sign as early as next week.
New York is currently a fault based state meaning that parties wishing to divorce must show that one spouse engaged in cruetly, adultery, abandonment, or was imprisoned for at least 3 years. The current law also allows for divorce one year after a couple has filed for a legal separation agreement with the consent of both parties. This approach pits parties against one another and forces each person to prove their innocence and their spouse's guilt. As you can imagine, this can lead to some rather messy divorces.
The new law would eliminate the need to enage in such ugly exchanges. Rather than proving a spouse's wrongdoing, couples must simply swear under oath that their marriage has broken down and has been irreperable for a minimum of six months. The new law also allows for one party divorce; and contains provisions regarding maintenance as well as a legal fees so that the spouse that earns less can retain sufficient counsel.
The no-fault law would bring much needed changes to the state of New York. We will be sure to update you as the law progresses. In the meantime, the Kepanis Law Firm would like to hear your opinions. Please CONTACT us today!