“No Fault” Divorce in New York?

New York State has finally adopted a no-fault divorce policy. No-fault divorce means that a couple need not prove any instances of wrongdoing or abuse in order to file for divorce in a court of law.  New York is the last state to adopt this stance, which officially makes our nation a “no-fault divorce nation”.  This is one of the rare instances in which all 50 states show some sort of uniformity on an issue.

The key feature of a “no fault” divorce is that the spouse filing for divorce need not prove any wrongdoing or “fault” on behalf of either party to get a divorce.  Previously, couples who wanted a divorce in New York without proving fault had to be separated for at least one year before becoming eligible to file.  Under the new law which takes effect in October, spouses are allowed to terminate their marriages within a period of six months after declaring that their marriage is “irretrievably” broken down. The new law was passed in tandem with two other companion bills which address the various factors that judges can use in determining maintenance.

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