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.
The NY Times discussed the serious consequences that result from New York refusing to keep its divorce law up to speed with the rest of the nation by enacting no fault divorce laws:
The current rules inflict serious financial and emotional costs. Litigants end up spending thousands of dollars in unnecessary legal fees, and courts devote significant time to airing the painful and highly personal details of a breakup. It is a ridiculous use of judicial resources at any time, but especially in tough fiscal times.
As the NY Times concludes, the failure to recognize no fault divorce does not have the effect of saving marriages (which is the proffered public policy justifying New York’s antiquated stance), it just results in more painful and expensive divorces.
The Times eloquently highlights that time has come for New York to join the rest of the nation and allow a no-fault grounds of divorce.
If you want more information on how to deal with New York’s fault divorce law, contact our law office today for your free consultation. (866) 830-2064…