New York Adopts No-Fault Divorce Policy
By Heselmeyer Zinda & Davis
Jun. 28, 2011 5:08p
Governor Signs No-Fault Divorce Law
Making it the final state in the Union to adopt such a policy, New York passed legislation allowing couples to obtain a divorce without proving fault.
Historically conservative when it comes to marriage and divorce, New York has a history of being slow to change with the times. For hundreds of years, the only ground that was considered legal for obtaining a divorce in New York State was adultery. Even if a spouse could be proven to have physically or mentally abused his or her significant other or children, the courts would not allow a legal separation to occur. This policy persisted from 1787 until 1966, when a law was passed allowing divorce in more cases.
While other states began to allow families the right to separate without a crime having been committed by one or both spouses, New York insisted divorce be reserved for those cases when one spouse had irrevocably wronged another. Until the recent passage of the no-fault law in 2010, NY courts could only legally allow divorce if one or both spouses could prove a ‘fault’ had occurred, usually adultery, abandonment, imprisonment, or cruelty.
This policy was challenged by several prominent legal minds in the state, including Robert Ross, a judge presiding over the Nassau County court’s matrimonial division.
“It’s hard to know what impact a new law will have, but we do know that a grounds trial, and the expense and delay associated with it, is not a good thing,” Ross opined. “There is a human cost and a financial cost.”
In response to this pressure, the state legislature voted to pass a bill allowing couples to seek divorce if one or both spouses considered the marriage irretrievably broken for at least six months. The measure was signed by the governor on August 15th, 2010.
A Divorce Attorney In Your Corner
If you wish to pursue a divorce from your spouse, it is vital that you speak with an Austin divorce attorney as soon as possible. Conducting a divorce proceeding without the help of a trained legal professional is extremely difficult and almost never your best option. At the firm of Heselmeyer Zinda & Davis, our legal team can protect your interests and help you obtain the optimal result for yourself and your family.
Please, speak with an Austin divorce lawyer right away!
Other Recent Articles
If you are contemplating divorce, or if you have already been served papers, there are certainly questions to be answered.
More Articles »
When couples get a divorce, they might think they have it all figured out, all the way down to what’s going to happen in the upcoming years.
More Articles »
As shown by a recent study published by the University of Virginia, when the country’s economy goes into a downward turn, so too does the rate of divorce plummet.
More Articles »