New York Legislature Passes No Fault Divorce Law

On August 15, 2010 Governor David Paterson signed no fault marriage into law in New York State.  After decades of debate, New York State finally has a no-fault divorce option that allows spouses to terminate their marriages within six months of stating under oath their unions are “irretrievably” broken.  Paterson said that the no-fault law, A9753/S3890, will bring the state’s divorce laws into the “twenty-first century” when the new law takes effect October 12, 2010.  The change in divorce law has been widely supported by attorneys and court officials.  Supporters said the bill would end a pervasive pattern of perjury in divorce courts. Opponents, including the Roman Catholic Church, said the law will lead to higher divorce rates. NY Times Article

The cause of action for divorce in New York state (accusations against the defendant by the plaintiff that are grounds for divorce) are limited to:  Cruel and inhuman treatment;  Abandonment for a continuous period of one year or more;  Imprisonment for more than three years subsequent to the marriage; Adultery; Conversion of a separation judgment;  Conversion of a written and acknowledged separation agreement after living separate and apart for more than one year;  The relationship between husband and wife has broken down irretrievably for a period of at least six months.

The law firm of Leeds, Morelli & Brown, P.C. have represented clients in Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island in domestic relation matters.  For any questions concerning divorce or other domestic relations matters, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-888-556-2529. Leeds Morelli & Brown P.C.’s divorce website is located at www.lbdivorcelaw.com.