Fifteen years after New York became the last state to legalize no-fault divorce, there are additional efforts to revise the state’s Domestic Relations Law so that spouses can move on more easily from a marriage that is not working. If a bill currently in the State Senate is enacted, supporters say that it would streamline the process for both divorce and legal separation.
The legislation proposed by State Senator Liz Krueger would reduce the mandatory waiting period before a no-fault divorce from a year to six months from the time when a separation judgment or decree is entered. Moreover, the bill also would allow courts to grant a separation based on an irretrievable breakdown of the marital relationship. Currently, legal separation is only permitted when one of five fault-based grounds exists or the couple reaches agreement on parenting and financial issues.
In order to establish a legal separation, the bill mandates that all key terms must be resolved, including child custody, visitation, spousal maintenance, attorney’s fees and child support. This could be accomplished through settlement between the parties or a court’s decision, even in the absence of a fault ground.
Supporters of the legislation believe that expanding the ability to obtain a separation and shortening the waiting period prior to a no-fault dissolution is another welcome step toward removing obstacles that prevented husbands and wives from moving forward when they no longer wished to be together. A no-fault standard reduces gamesmanship and lowers conflict, which can translate into faster, less expensive proceedings.
There are many reasons why couples might opt for separation as opposed to seeking a divorce. Some involve religious considerations and family pressures. In other cases, a spouse might be concerned about losing insurance coverage or other benefits. This can be particularly true among older spouses. You might also believe that reconciliation is possible at some point down the road. Often separation terms are eventually incorporated into a divorce settlement agreement. Though the bill introduced by State Senator Krueger has not been enacted yet, it could signal a major change in New York’s Domestic Relations Law.
Bryan L. Salamone & Associates, P.C. represents Long Island residents in divorces, separations and other family law matters. We can apprise you of the current state of the law so that you have a thorough understanding of your options before deciding how to proceed. divorce leader, For a consultation, please call 631-388-6009 or contact us online.