Home > attorneys > No-Fault Divorce: Is New York Following Suite… finally?

No-Fault Divorce: Is New York Following Suite… finally?

California was the first state to put into practice the no-fault divorce law, and soon enough 48 other states followed.  New York is potentially joining the herd in allowing individuals to end a marriage without the establishment of their spouse being at fault.  The New York State Assembly is taking this up with the Senate on Tuesday.  It will be interesting to see what a divorce attorney has to say o this.
The no-fault law allows for one party to insist that the marriage should end basically in order for them to end the union.  New York, in contrast to other states holds the ground that both parties need to come to an agreement on this.  If not, than one party needs to provide evidence that shoes that the other was legally to blame.

No-Fault divorce
Those who favor no-fault divorce law say that it reduces litigation and conflict between those divorcing.  On the other hand, opponents argue that it will raise the divorce rate in New York while financially hurting women.   The proof is in the putting as far as this concern goes.  Every state that abides by either mutual or unilateral no-fault laws saw an increase in divorce over the following 5ish years.  After this, divorce rates were stable.  For a comparison here are some figures, from about 23 divorces per 1,000 married couples in 1979 to under 17 per 1,000 in 2005.
It will be interesting to see what the Senate rules in New York come Tuesday.  What do you think about New York adopting the no-fault law?

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  1. Judy Heming D.
    August 4, 2010 at 11:03 pm

    I really hope Gov. Patterson signs this. I have been in an unhappy marriage for many years. I do not want to have to go into a court room and have tell everyone all the bad things that have happened during this marriage. I just believe that if I am able to enter in a No Fault my husband will just agree. PLEASE SIGN THIS GOV. PATTERSON and set me free 🙂

  1. June 30, 2010 at 1:43 pm

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