Tag Archives: no-fault divorce

Legal Controversies Concerning NY No-fault Divorce

In 2010, New York joined a host of other states that allow couples to obtain a divorce without assigning fault to either party. Recent changes to New York’s domestic relations law allow spouses to more easily obtain a divorce under the new grounds of irretrievable breakdown. This allows a court to grant a divorce simply… Read More »

Pros and Cons of the 2010 Changes to NY Divorce Law

In October 2010, no-fault divorce became an option for New York couples seeking divorce. As a result, a Judgment of Divorce can be granted if one party states under oath that the marriage is irretrievably broken down and that both parties reached agreement with respect to child support, spousal support, and other divorce issues. The… Read More »

A Look at Divorce Statistics in Long Island and NY State

In August, the U.S. Census Bureau released a detailed report on marital events from the 2009 American Community Survey (ACS). While the national divorce rate per thousand is 9.2 for men, and 9.7 for women, New York fell well below that average with a rate of 6.6 for men and 7.3 for women. Equally intriguing… Read More »

No-Fault vs. Grounds-Based Divorce in New York

In October 2010, New York adopted a no-fault divorce clause. The revised law dictates one partner must state under oath the marriage relationship has irretrievably broken down for at least six months. From that sworn oath flows settlement of issues like child custody, payment of support, and equitable distribution of marital property. The intent of… Read More »

Grounds for Divorce—No One’s Fault

On October 12, 2010, New York became the last state in the country to adopt a no-fault provision as grounds for ending a marriage. Domestic Relations Law §170(7) now allows for dissolution of marriage if one party swears under oath the marriage relationship has broken down irretrievably and if major issues such as support, child custody,… Read More »