On August 16, 2010, New York State finally joined every other state in the nation by enacting a no-fault divorce law. Under the new law, which was effective October 15, 2010, judges may now grant divorces when a marriage has been “irretrievably broken” for more than six months. Previously, a husband or wife, faced with an uncooperative spouse, could only obtain a divorce if he or she could prove fault-based grounds such as cruel and inhuman treatment, abandonment, or adultery. And even when spouses agreed to divorce, if they could not honestly demonstrate grounds, their only option was to either invent grounds to satisfy New York’s out-of-step statute or, even before applying for a divorce, live apart for a full year under a separation agreement .
The new no-fault law allows couples to divorce without deviating from the truth, and effectively ends one spouse’s ability to hold the other in an unhappy marriage that was not quite unhappy enough to satisfy any of New York’s fault-based grounds for divorce.
In the context of divorce, the following issues may also be resolved: custody of children; access or visitation schedules; child support; spousal maintenance (alimony); division of assets including marital residence, retirement plans, 401K accounts, bank accounts, household furnishings, as well as all other financial issues.
Separation
Spouses may be separated by written agreement or through a judgment of separation granted by the Court. One year after filing a judgment of
separation or a written Separation Agreement, a party in substantial compliance with the agreed terms may sue the other for divorce on the grounds of living separate and apart pursuant to a judgment of
separation.
