No Fault Divorce in New York City
In New York State, No-fault divorce means that there does not need to be a reason for wanting a divorce. This ruling untangles long litigation, where formerly a spouse had to claim a specific reason. New York was the last of the 50 states to adopt this law, and it’s a significant amendment to the current status of divorce law in New York.
Along with the no-fault reform, New York also altered the process by which temporary maintenance (spousal support) is awarded when the divorce is still pending. The reform created a formula and a list of criteria for spousal support, which would expedite the awarding process, thus preventing the lesser-earning spouse from going into poverty during divorce proceedings.
These two new laws also led to the presumption that the lesser-earning spouse in the divorce was entitled to reimbursement or payment of attorney legal fees. Previously, a spouse unable to afford attorney representation had to petition the court for the fees of the litigation after the divorce process. This often led to lesser-earning spouse not being able to procure proper representation and they would often have to forgo relevant legal rights due to a lack of funds.
The bill giving divorcing couples these rights passed on July 1, 2010. It passed the New York State Assembly and was signed into effect by then-Governor Paterson, who was quoted in saying that the bill would, “fix a broken process that produced extended and contentious litigation (and) poisoned feelings between the parties…” The new law would go into effect 60 days after July 1, 2010, and those divorcing at any point after that date would benefit.
Preventing False Justifications
In a nutshell, no-fault divorce eliminates the need for a spouse to create a false reason for wanting to divorce. Previously, a spouse wanting a divorce had to present, and prove, a reason for wanting the divorce, such as adultery, abandonment or cruelty. It was blame game, pitting one spouse against another. If motive for divorce did not fall under these 3 categories, a false reason would often be invented. This in turn could lead to a long, drawn-out bitter litigation, as the accused spouse would try to dispute the (false) allegations. It would, in the end, be expensive not only for the couple divorcing but also for New York’s court system. According to a recent year’s data, 13,212 divorces in New York were contested, about ¼ of all divorces total. Therefore, it is no small surprise that this new law has been well received. Stephen Younger, President of the New York Bar Association when the bill passed, had this to say about the bill:
“By removing the requirement to prove fault, divorcing couples and the courts will no longer have to waste resources litigating on whether a marriage should end, but will be able to better focus on issues such as the welfare of the children, fair division of marital assets and other economic concerns.”
New York has a history of following behind on other state’s divorce decisions. For example, from 1787 – 1966, one could only get divorced on the grounds of adultery. The 1966 Divorce Reform in New York amended this, allowing other reasons for divorce. California was the first state to pass a no-fault divorce bill, done in 1969, and many other states expeditiously followed. Now that New York has gotten on board, former New York Governor Paterson declared,
“Finally, New York has brought its divorce laws into the 21st century.”
