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

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