New York Divorce Report - New York's Divorce and Family Law Blog

Though divorce filings are up on Long Island since the New York’s no-fault divorce law took effect 17 months ago, the law is having its intended effect; couples are concentrating on the financial and child custody issues rather airing their dirty laundry in grounds trials. According to Newsday, the number of new divorce cases in Nassau County increased by 6% last year compared with 2009, the last full year under the old law. In Suffolk County, divorce filings increased by 9%.   In a no-fault divorce, a spouse can simply claim a marriage has "irretrievably" broken down for at least... More

After the first no fault divorce trial in New York, a Long Island court found that the parties’ marriage had irretrievably broken down and the wife was granted a divorce. In July, the same Supreme Court judge ruled that the mere allegation in the complaint that the parties’ marriage had irretrievably broken down did not resolve the “grounds” issue. New York’s no fault divorce law provides that a party may be granted a judgment of divorce if “the relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has... More

Another New York court has ruled that New York's no-fault divorce statute does not provide a defendant with a right to trial.  In doing so, the court ruled that a party is not entitled to challenge the other spouse's allegation that the marriage has irretrievably broken down. This decision is consistent with a decision from Nassau County in which the court ruled that a wife had no right to a trial where her  husband pled a no fault grounds for divorce.  Earlier this year, an upstate judge ruled that the issue of whether a marriage has irretrievably broken down presented... More

In No Fault Nuttiness: Why Modern Divorce is Lunacy, Beverly Willett wrote a scathing criticism of no-fault divorce.    Central to Ms. Willett criticism is her misplaced belief that divorce is about “innocence” “wrongdoers” and efforts to “receive compensation for your loss.”  Divorce is about none of those.   Divorce is simply the process of unraveling the marital partnership.   Even before New York adopted no fault divorce and, except in the most egregious cases, marital fault had no impact equitable distribution.   No fault divorce simply institutionalized that.  Divorce need not be about lying blame, pointing fingers or airing dirty laundry.   The process, even... More

According to a study, there has been a 12 percent increase in divorce filings since no fault divorce went into effect in New York in October 2010.  The study compares divorce filings over the same seven month period last year.  Rather than falsely assuming that the floodgates have opened and that no-fault divorce encourages divorce, I think the increase in divorce filings is readily explainable.  During the period between the time the no fault divorce law was enacted and became effective, I suspect divorce filings were down.   I certainly held off on filing for divorce in cases in which grounds... More

There is now some uncertainty as what required in order to obtain a divorce when New York’s “no fault” ground is contested.  A no-fault divorce will be granted in New York when, “The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath. . .”  Earlier this year, an upstate court opined that a trial was required when one party challenged the allegation that the marriage had irretrievably broken down. Recently,  however, a judge on Long Island opined that not only is a trial... More

When no-fault divorce came to New York, it was supposed to end the need for grounds trials.   Fault trials are universally viewed as time consuming and needlessly expensive; no fault divorce was supposed to be the panacea.  When enacted, it was assumed that the allegation that “the marriage had irretrievably broken down with no prospect of reconciliation,” would create an irrebuttable  presumption that would, in essence, establish the ground for divorce, completely eliminating the need for a grounds trial.  However, in Strack v. Strack, an upstate judge ruled that because the new law does not explicitly abolish a right to... More

This is an historic week in divorce law in New York.  The recently enacted no fault divorce law becomes effective October 12, 2010.    In addition to no fault divorce, three other divorce laws become effective this week including: 1.   a new procedures for setting awards of temporary maintenance while a divorce is pending; 2.  a procedure for reviewing and modifying child support awards; and 3.    a law making it easier for the less monied spouses to receive an award of attorneys’ fees during the divorce.   Here are the highlights of the new laws: No Fault Divorce             The law creates a... More

New York now has no-fault divorce.  While signing the legislation into law,  the governor noted: Finally, New York has brought its divorce laws into the 21st century. . .  These bills fix a broken process that produced extended and contentious litigation, poisoned feelings between the parties and harmed the interests of those persons -- too often women -- who did not have sufficient financial wherewithal to protect their legal right. New Yorkers  can now divorce provided that their marriage has irretrievably broken down for six months or more.   New York was the last state to allow no fault divorce. Simultaneous... More

In view of news reports of the hopeful passage by the New York legislature of a “no fault” divorce law, I have been repeatedly asked, “what is no fault divorce” and “why is this no fault divorce so important. A no fault divorce essentially allows a couple to dissolve a marriage without assigning fault; typically the parties would only have to allege that the marriage has irretrievably broken down and there is no likelihood of reconciliation. The present law in New York, (the only state that does not have provision for a no fault divorce) requires one of the parties... More