July 7, 2010, New York, NY -- Last week the 62 member New York State Senate passed a no-fault divorce measure 32-39. A no-fault divorce occurs where one party asserts a successful claim for divorce simply because their commitment to the marriage has ended (i.e. irreconcilable differences). The concept of No fault divorce was first introduced in California in 1969 by then Governor Ronald Reagan. The concept spread throughout the country in the 1970’s such that by 1985 all states enacted some form of no fault legislation, absent New York State.

No-fault divorce sharply contrasts New York’s existing statute. Currently, married couples in New York must be legally separated for one full year (i.e. living pursuant to the terms of a Separation Agreement) in order to get an uncontested divorce. Without waiting one year, a litigant must successfully plead a claim for one of four claims (adultery, imprisonment, abandonment or cruel and inhuman treatment).

Several groups have come out in opposition of the passing of no-fault legislation, all with the underlying argument that no-fault divorce makes it too easy to get out of a marriage. Opponents have argued that by making the divorce process easier, the law will have a negative impact on children, undermining the family unit and increasing the divorce rate. Catholic groups believe that it detracts individuals in troubled marriages from seeking family therapy. Additionally, women’s rights groups postulate that it would enable the wealthier spouse to quickly end a marriage without providing for partner.

A representative for the New York chapter of NOW stated, “No fault divorce takes away (their) options, it allows the spouse with no grounds, batterer or not, to obtain a divorce over the objections of the less powerful spouse without negotiating a divorce settlement.”

Proponents of the law cite the cost savings of time and money on legal fees as well as put less strain on court resources. They suggest that taking grounds off the table will eliminate complexity in already lengthy and complicated divorces thereby reducing litigation while easing confrontation between spouses. Those in favor also argue that it promotes equity in that each individual can decide whether or not to remain married. Additionally, when there has been an irreparable breakdown in the marital relationship and none of the existing statutory grounds apply, in the current system, many couples are untruthful about grounds in order to avoid a one year delay.

The 2006 matrimonial commission recommended that the no fault divorces be finalized only when issues of custody and support are resolved in writing. This is meant to eliminate the potential of the law unfairly prejudicing the non-titled spouse economically.

The no-fault law also does not take away the right of a litigant to sue for divorce based on grounds such as adultery or cruel and inhuman treatment. It simply offers an additional low cost divorce option for those seeking to end a marriage and for practitioners seeking to represent them. With regard to passing the law, assembly Speaker Sheldon Silver told reporters, “There are still a lot of technical things that have to be worked out.”

For more information on No Fault Divorce in New York, contact the Low Cost Divorce Attorneys at Keil & Siegel, LLC. Visit www.LowCostDivorceNY.com or call 917-757-5574 for more information on the No Fault Divorce law and what it means for your NYC or Long Island divorce.

About Keil & Siegel:

Keil & Siegel, L.L.P. are skilled NY divorce attorneys, specializing in low cost divorce, uncontested divorce, separation agreements, and other family law services. Keil & Siegel, L.L.P., serves clients in Long Island and New York City, including Nassau & Suffolk Counties, Manhattan, Queens, Jamaica and the Bronx as well as Great Neck, Mineola, Hicksville, and Garden City. For more information or to get a free consultation, contact a divorce attorney by visiting www.lowcostdivorceny.com.