New York’s New No-Fault Divorce Law

When New York adopted no-fault divorces in 2010, it became the last state in the U.S. to do so. After passing the new law, though, there were mixed signals as to whether it was working the way it was supposed to, or not. Now, six years later, the New York courts are still working their way through the problems, but it has become clear that allowing no-fault divorces in the state has been for the better.

The Purpose Behind Allowing No-Fault Divorces

The point behind allowing no-fault divorces was to provide an easier way out for couples who both agreed that they wanted to divorce. Without no-fault divorces, a married spouse would have to blame the other spouse for destroying the marriage. This would either mean that both spouses would collude with each other in order to end things, or would escalate things until a relatively amicable split turned into a heatedly contested divorce.

No-Fault Divorces Allowed for an Easy Way to Divorce

After the passage of the law that allowed for no-fault divorces, spouses who wanted to split up no longer had to go through the difficulties of creating a reason to divorce. It also made it so that a long, stressful, and expensive trial was no longer necessary for everyone to get what they wanted.

Statistics in the years leading up to the passage of the no-fault divorce law showed that the vast majority of divorces – 77 percent of them – were not contested. By providing over three-quarters of the divorcing couples with an easier way to divorce and avoid trial, the new law seemed worthwhile.

Difficulties Emerge With the New Law

However, not everything went smoothly after the passage of the new law. No-fault divorces could only be granted if the marriage was “irretrievably broken” for a period of more than six months. Courts, however, disagreed on what could be considered an irretrievably broken marriage. While many of these disagreements have been sorted out, the law is still new, and a lot of questions still remain.

Syracuse Family Law Attorney

No-fault divorces were a huge step in New York divorce law when the statute passed in 2010. However, there are still difficulties in the new law, making it crucial to have a family law attorney with you as you go through the process. Contact the Syracuse-based family law attorneys at the Bombardo Law Office, P.C. online or at (315) 488-5544.

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