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Who's Fault is This Divorce? Soon, No One

Did you know that New York lacks a no-fault divorce law? That means that when a couple decides to split, someone has to take the legal blame, causing seemingly endless legal, financial, and child custody battles.


Despite a budget that's nearly three months late, the State Senate managed to do some work on Tuesday by passing a bill that would allow no-fault divorces throughout the state, giving couples the right to mutually decide to divorce without costly litigation.
Under current divorce law, one spouse must take the blame, even if both sides agree that a marriage cannot be saved. To get a divorce, one party must allege cruel and inhuman treatment or adultery or abandonment, or the couple must be legally separated for one year.

The new legislation still has to pass the State Assembly, which is considering two bills that would include some version of no-fault divorce. But advocates said Tuesday that they believed that victory in the Senate, which was controlled by Republicans until last year, gave the measure momentum and a high likelihood of gaining approval in the Assembly, which is also controlled by Democrats.

Gov. David A. Paterson, a Democrat, is expected to support the bill if both houses of the Legislature approve it, although a spokesman cautioned that Mr. Paterson would need to review any final legislation before signing it.

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divorce, law, NY State Senate

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