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.
A “no-fault” divorce simply means that you will not have to give the court with a legal justification for your divorce, such as adultery, abandonment or the like. In the following limited situation, New York state law allows for its own version of “no fault” divorce.
- you and your spouse live apart from one another for at least a year before a divorce can be filed
- you and your spouse must execute a Separation Agreement, which must be filed with the local County Clerk before the stopwatch on the one-year period begins to tick
- you (the spouse suing for divorce) must prove that you have substantially performed the terms of the Separation Agreement to obtain a divorce
- if you obtain a divorce based on a written Separation Agreement, you won’t have to sign any documents or give any testimony about reasons for the divorce (in other words, you won’t have to make any personal allegations against your spouse, or vice versa).
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.-= laura@bipolar divorce´s last blog ..Stop Your Divorce Before It Causes Heart Ache =-.
As the only state in the nation without no-fault divorce, New York does not allow a couple to cite “irreconcilable differences” as the reason for the split. The law instead insists that one spouse pin blame on the other – and prove it in court – before a divorce can be granted.
.-= nathan@international divorce´s last blog ..The Benefits of Filing for an International Divorce =-.
Advocates for women have long argued that no-fault divorce is harmful to women, that women will be hurt if their husbands can get divorced without the economic and support issues being resolved first. The fear is that a husband can simply go to court, and essentially say “I divorce thee,” and go on his way without any court orders for property division, support, or child custody.
.-= hillary@impact of divorce on women´s last blog ..Psychological and Emotional Aspects of Divorce =-.
No-fault divorce laws have been criticized by women and family advocates for making it too easy for men to leave their wives, without providing adequate financial support.
.-= nicky@psychology of divorce´s last blog ..Marriage Counseling – One of the Greatest Causes of Divorce =-.
In reality no-fault divorce laws did something decidedly more revolutionary. Rather than transferring to the couple the right to decide when a divorce is justified, no-fault laws transferred that right to the individual. No-fault is thus something of a misnomer; a more accurate term would be unilateral divorce on demand.
.-= barbara@divorce online´s last blog ..How One Strategy Makes Divorce Parenting Much Easier =-.