If a man or a woman wants a prompt divorce, under New York law, he or she must cite a reason for the dissolution of the marriage, or else the couple must wait the one year separation time period. However, this may all change very soon as the New York State Senate approved legislation that will change the face of divorce in the Empire State. If approved by the State Assembly, the legislation would permit no-fault divorce after a marriage has “irretrievably” broken down for six months or more, without the need to identify a fault, like adultery or abandonment. New York Governor David Paterson is expected to support the bill if both houses of the Legislature approve it. NY Times Article
No-fault divorce is a divorce in which the dissolution of a marriage requires neither a showing of wrong-doing of either party nor any evidentiary proceedings at all. Under current New York divorce law, one spouse must take the blame, even if both sides agree that a marriage cannot be saved. To get a divorce, one party must allege cruel and inhuman treatment or adultery or abandonment, or the couple must be legally separated for one year. New York is the only state in the nation that requires proof of fault to get a divorce. This often leads to parties agreeing that one spouse will decide to sue upon cruelty, adultery or abandonment grounds, which may be lacking merit or may not be completely true, all to avoid the one year separation period. If New York passes a no-fault divorce ground, parties will be able to get a quickie divorce.
The law firm of Leeds, Morelli & Brown, P.C. have represented clients in Nassau County and Suffolk County, 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.