Divorce Laws: NYS Vs. California | DivorceLawFirms.com

New York has been known as the only state in America that does not have a no fault divorce law. Normally, courts allow married couples to agree to break up and get a divorce without labeling anyone as the cause for the break up. Under New York divorce laws, a couple that does not have a legally recognized fault based ground only has 2 options to get out of a marriage:

One spouse being incarcerated for 3 years or more
Both spouses filing a notarized separation agreement with the court and living separately for 1 year

This is projected to change as of July 2010 since a new law was presented to finally address this gap in New York Family Law.

No Fault Divorce in General

No fault divorce in general allows couples to break up without one having to admit to adultery, cruel and inhuman treatment or abandoning the other one. The couple can go to the court, say the marriage is broken with no way to be repaired and get a divorce.

The no fault divorce law was added into modern family law in most states because of married couples having to lie before the court on the fault based grounds or enduring relationships that were dead but remaining legally married because the courts would not allow the parties to end their relationships.

New York's No Fault Divorce Law

Under the proposed no fault divorce law in New York, one spouse can swear under oath that the marriage has been broken for at least 6 months and can not be repaired. Since the law change is new to the state, there is apprehension that marriage will be taken less seriously.

Divorce lawyers in New York have had to deal with clients who are more hostile to one another and lying under oath in order to get out of unhappy marriages and meet the statutory requirements to get out. The law change is of particular concern with regard to the sanctity of marriage among rich people.

Getting a Lawyer Involved

As stated before, no fault divorce will be a new concept in New York. Despite the confusion, a licensed attorney with experience in Family Law will be a better resource for someone seeking a no fault divorce in the state since the lawyer will still be more knowledgeable on the legal system and up to date on the latest changes in the law.

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