Monday, April 06, 2009
Monday, April 02, 2007
Many comments have basically said "Only in New York". But in Northern Virginia, where I practice, fault divorces (like the Taub case) are often dismissed, and some judges often dismiss no-fault divorces because the plaintiff cannot prove one year's separation or six months' in-state residency, as required by the divorce statutes.
Cases like this would be reduced if they would increase waiting periods for fault divorces, and reduce and simplify them for collaborative mutual-consent divorces with complete separation agreements.
Thursday, March 22, 2007
Yes, New York, You Do Have No-Fault Divorce
Lately, all kinds of journalists have been repeating the mantra that "New York doesn't have no-fault divorce", as in this story about the Gest-Minelli divorce. It's one of those things that everyone seems to believe, but which just ain't so. New York has no-fault divorce the way it was originally proposed -- based on the mutual decision of consenting adults. New York's no-fault ground is the first in this list of divorce grounds:
Grounds for Divorce in New York- living apart for one year pursuant to separation decree, judgment or written agreement, with satisfactory proof of substantial performance of same.
- cruel or inhuman treatment (such that defendant's conduct so endangers plaintiff's physical or mental well-being as to render cohabitation unsafe or improper)
- abandonment by defendant for one year
- imprisonment of defendant for three consecutive years after marriage
- adultery by defendant
Code: Domestic Relations Law, § 170
Wednesday, March 21, 2007
New York Matrimonial Commission calls for court reform, easier divorce
In 2006 the Matrimonial Commission, an arm of the state's court system, issued a report calling for fundamental family court reform, some form of faster no-fault divorce, and many other changes. It is the product of years of study and public hearings about problems with the state's current system for dealing with family law cases.