The Virdone Law Firm, P.C. Articles No Fault Divorce for NY State

No Fault Divorce for NY State

By Seidner & Virdone  Nov. 1, 2010 9:45a

As of August 15, 2010, Governor David Paterson signed no- fault divorce into law for New York State.  This measure went into effect within sixty days of its passage. This is big news for the residence of New York, up until now, New York was the only state left, in which "fault" or blame had to be pinned on one of the spouses such as abandonment, adultery or cruelty in order for divorce to be granted. In cases where there was no particular person to be blamed, both spouses would have to enter into a yearlong separation agreement before they could move forward with divorce proceedings.

New York is finally up with the 21st century. This isn't the first time the state of New York was behind the eight ball in terms of divorce. From 1787 until a reform bill was passed in 1966, the only grounds for divorce was adultery.

In 2009, approximately 23 percent of all divorces were contested. Contested divorces tie up the courts time, creating the possibility of trials and the need for lawyers attacking both sides. "By removing the requirement to prove fault, divorcing couples and the courts will no longer have to waste resources litigating on whether a marriage should end, but will be able to better focus on issues such as the welfare of the children, fair division of marital assets and other economic concerns," New York State Bar Association President Stephen Younger.

If you are facing divorce in Nassau County, you are fortunate enough to being doing so after the passage of the "no-fault" divorce law. In addition, between the changes in the laws and the complexity of handling such issues as the division of assets, child support and visitation, it would be in your best interests to consult a Nassau County divorce attorney at Seidner & Virdone, LLP. We can help navigate you through your divorce and make it as painless as possible. 

Contact a Nassau County Divorce Lawyer at our office today for a free consultation if you are getting a divorce.

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