Thursday, July 15, 2010
New York Passes No-Fault Divorce Legislation
New York has recently passed a bill which will reform the state's permissible grounds for divorce. When this bill goes into effect at the end of the summer, no-fault divorces will be granted in New York.
This is a watershed moment in New York divorce law. For years, all of the other 49 states have granted no-fault divorces. New York has finally taken an important step to bringing their statutes in line with the rest of the country.
According to the bill, a divorce can now be granted if a marriage has been "irretrievably broken for a period of at least six months." However, in order for a no-fault divorce to be granted, the following issues must be resolved between the two spouses:
- Equitable distribution of marital property
- Payment or waiver of spousal support
- Child support
- Child custody and visitation
- Payment of legal counsel and expert fees and expenses
Prior to passage of this bill, without a separation agreement, one spouse had to allege fault on the part of the other spouse in order for a divorce to be granted. Acceptable fault grounds included:
- Cruel and inhuman treatment
- Adultery
- Abandonment
- Confinement of one spouse in prison
Two companion bills were also passed. One requires mandatory spousal support, while the other dealt with legal counsel fees. Both of these laws will take effect in the fall.
posted by Andrew @ 1:26 PM
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