Blog

New York’s “No Fault” Divorce Law…

As I have recently been commenting on my blog, New York state's divorce law has recently come under attack by a New York Times editorial for not permitting no fault divorces. It is important to note that New York has its own version of "no fault" divorce. Surprisingly, the New York Times editorial left this important information out. Obviously the story was written by a reporter and not a lawyer. I still do agree with the Times' assessment that New York divorce law is antiquated and needs prompt revision.

New York Separation Agreements. Should You Get One Instead of a Divorce?

Clients often ask me about New York separation agreements, what they are, how they work, and if they should enter one instead of getting a costly divorce. You should always consider a separation agreement as a valid option and as an alternative to divorce. A separation agreement puts in writing the terms of your separation, which one year from the date the agreement is filed with the court, become the terms of your uncontested divorce. The benefits of a separation agreement are:

Is the Divorce Rate Rising or Falling in the Current Economic Recession?

I sincerely am asking the above question, "Is the divorce rate rising or falling in the current economic recession?" As a NY divorce lawyer I know that my practice has not seen a significant change. I have read some recent articles claiming that people are deciding to stay in failed marriages to keep their dual incomes. Yet other recent articles say the divorce rate is soaring because of the current economy.

New York No Fault Divorce Law… When?

The New York Times has published letters from readers responding to it recent scathing editorial regarding New York state's refusal to enact no fault divorce laws. New York is the only state that requires you to prove the fault of your spouse to legally justify your divorce.

Fast New York Divorce… Same Day Divorce… What???

I get calls from people who want to get divorced today, right now, within the hour, manana, this minute, by tomorrow, and the list goes on and on... I have been told that certain unsavory websites promise to fly them to Mexico, Nevada or some other sketchy place to get them divorced ASAP. They claim that they have been told that these divorces will be legal and valid in New York state. Yikes...

New York’s Old-School Divorce Laws Wreak Havoc on Divorcees…

Last week, the New York Times wrote a scathing editorial regarding New York’s old-school divorce law. New York remains the only state in the United States of America that does not have a no-fault or irreconcilable differences grounds for divorce. In New York state, if you want to get divorced you have to prove that you have a legally justifiable reason for court to grant you a divorce. In other words, you need to prove that you have grounds for divorce: that your spouse is guilty of what is called marital fault, i.e. that your spouse committed adultery, treated you in a way that is cruel and inhuman, abandoned you or has been imprisoned for a significant period of time. Although, a no-fault divorce is available in the minority of cases where the parties have been legally separated for one year and filed their separation agreement with the court.