NY Divorce is Easier Now with NY No-Fault Divorce Law

Before October 12, 2010, if you wanted to get divorced in New York State you had to plead and prove fault grounds. What this meant was that you had to accuse your spouse of adultery, abandonment, sexual abandonment, or cruel and inhuman treatment and prove it to the court, before you could get divorced.

Under the fault based divorce system, certain fault grounds were extremely difficult to prove. For example, if one party committed adultery, the fact that he or she came forward to the court and admitted the adulterous act was not enough. New York law did not, and still does not, accept a party’s admission of adultery as adequate proof to allow for divorce under adultery grounds. The law requires that a third party swear under oath that they saw the adulterous act take place.

Furthermore, the fault-based system encouraged people to commit perjury. Many felt forced into lying to please the court so they could get out of their failed marriage.

Also, the only way that couples used to be able to get divorced in NY without accusing each other of horrific things, they had to be legally separated for a year first. Moreover, they had to live separate and apart for the year according to the terms of a legal separation agreement that was properly filed with the County Clerk’s Office. If the document was not filed, then you could not get divorced.

Under the new no-fault law, now if your marriage has “irretrievably” broken down for six months you can get divorced.

Our law firm has received a significant spike in the number of calls we are receiving from people who want to obtain a no-fault divorce. Many were trapped in failed marriages because of the old fault-based system and are ecstatic about finally having a chance at achieving freedom.

If you are interested in learning more about the new NY no-fault divorce law, please contact The Law Office of David Centeno, PLLC at (866) 830-2064 to schedule a free consultation.

Articles Source: NY Divorce Law is Forever Changed by the New No-Fault Divorce Law