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.
