It finally happened, New York has finally enacted a version of “no-fault” divorce. Governor Patterson signed certain bills into law effecting our “divorce” laws in New York. Most important of all, the “no-fault” divorce allows couples who are in marriages that are just not working to end their marriages without the necessity of establishing fault. No longer will couples have to prove adultery, abandonment, cruel and inhuman treatment, or one year separation in order for a judge to consider a request for divorce. Instead, the courts are mandated to grant the divorce once a spouse states under oath that the marriage has, for at least six months irretrievably broken down. The couple on their own, however, must through mediation or by determination of the courts, work out the division of property and child support and visitation issues before a divorce is granted. The law removes the hurdle of establishing fault and allows us to work in a more amicable environment.
Divorce mediation now is even more desirable and can help couples get a quick and cost effective divorce with little or no impact upon their children.