DIVORCE BY REASON OF NO FAULT IN UPSTATE NY
Recently NY passed new legislation within the domestic relation law that now allows couples to divorce by reason of “no fault.” This is similar to divorce by way of irreconcilable differences, which is a divorce option in other states. What this means is that neither party is holding the other responsible for the pending dissolution if the marriage.
Prior to this recent legislation, the quickest way to divorce by way of mutual agreement without holding either party at fault was to file a separation agreement and then live separate and apart for at least one year. After such time, one of the parties would file for divorce and a judgment was typically granted, as the separation agreement would merge or convert into a final divorce decree.
With New York’s no fault divorce, the parties relationship must be irreparably harmed and the couple must live separate and apart for at least six month prior to filing for divorce. On its face, this option sounds quick, easy and painless but like virtually everything in life, it’s not always that simple.
To be granted a divorce under No Fault, the parties must have all of their ducks in a row pertaining to marital support, child support, and division of marital assets. If there is a dispute with regard to any of these issues, the parties will need to either come to terms prior to filing for divorce under no fault or must otherwise file for divorce under a different statue and litigate their outstanding issues in Supreme Court accordingly.
So before one runs right out and files for divorce under this new legislation, make sure all outstanding issues are taken care of. If not, claiming No Fault will be Your Fault.