No-Fault Divorce Passes Both Houses, City Bar Urges Governor to Sign Legislation

New York State is poised to become the last state in the country to enact no-fault divorce after such legislation passed both the Senate and Assembly this past month. Under New York's current divorce law, individuals are required to prove fault in a marriage in order to obtain a divorce, even if no fault exists. This system is detrimental to children and families, burdensome to already-overworked court personnel, and costly, both financially and emotionally. Legislators recognized the need to address these issues when they passed A.9753-A/S.3890-A, which would allow for a judgment of divorce if a marriage is irretrievably broken for a period of at least six months, but only after resolution of issues such as the distribution of marital property, spousal support, child support, payment of counsel fees, and custody and visitation. The City Bar feels that this legislation "enables parties to obtain a divorce without the lengthy disputes that could cause additional harm to themselves and their children while at the same time safeguarding the economic and ancillary interests of the parties" and thus urges the Governor to sign no-fault divorce legislation into law.

July 8, 2010