The New York State divorce laws require that at least one party involved in the divorce process be a resident of the state for a period of one year. Currently, the grounds for divorce are primarily fault-based. However, this may change once the State Assembly Judiciary Committee allows couples to site “irreconcilable differences” as the reason for the split. The New York State Senate as of June 2010 has already approved this legislation.
Fault vs. No Fault Divorce in New York
When the couple decides to file for divorce, the petition must cite the grounds for the marital split. In New York, most of these are “fault” based and require the petitioner to accuse the respondent of:
- Abandonment
- Adultery
- Cruel and inhuman treatment
- Being imprisoned for 3 or more years
If they wish to seek a “no-fault” divorce, this can only be done if the parties live apart for a year or more.
New Divorce Legislation in New York
The New York State Assembly passed two bills in June 2010 that will reform how divorces are handled. Assemblyman Kenneth Zebrowski was the sponsor of the legislation that will allow divorces to be granted citing “irreconcilable differences” rather than assigning blame to either party. The court can only grant a no-fault judgment after the following issues are decided upon:
- Equitable distribution of the debts, assets and property
- The amount of child support to be paid to the custodial parent
- How custody and visitation will be handled
- Which party will pay the attorney’s fees and court costs
In addition, if a couple decides to seek a divorce on the grounds of separation, they had to live apart for a year or more. The new law will decrease the waiting period to just three months.
Some feel that the current divorce system in New York has institutionalized perjury, making people allege false claims as to why they are seeking a divorce. Spouses have claimed they were victims of cruel and inhuman treatment for getting called names. People whose affairs had made the headlines have denied charges of adultery.
If the new legislation gets approved by the State Assembly Judiciary Committee and Governor Paterson, it will alleviate the outdated laws, which pit one spouse against the other. Divorce is adversarial enough without going to such lengths by encouraging false claims.
When to Obtain Legal Advice
Divorce is one of the most stressful times a person will experience during their lifetime. Couples often have difficulty reaching a mutual agreement about how to split the family assets and children. A third party can offer advice on how to make these decisions so that there is less acrimony during the process. An experienced family law attorney can provide insight as to how the court will make a decision and what you should expect for a fair settlement.
