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New York May Become a "No Fault" State

May 13, 2010
Categories: Colorado Divorce Info | Author: Harris Law Firm

New York may be a front runner in many things, but family law is not one of them. Such was the general consensus of speakers at a New York State Senate hearing which focused mainly on divorce. The Senate expects to bring the bill out of committee on Monday.Speakers including lawyers, divorcees, judges and professors urged the Senate to pass legislation that would allow for no-fault divorce. Current law requires spouses to give the court a reason for the dissolution of their marriage, while a no-fault divorce law would not. New York is the only state that lacks no-fault divorce. This fact was repeated throughout the day-long hearing in Albany.

In New York State, in order to obtain a divorce one spouse must prove that he or she was the victim of cruel and inhuman treatment, abandonment or adultery. One may also obtain a divorce if his or her spouse is sent to prison for three or more years, as long as the motion is filed within five years of the spouse’s release.

Phyills Vohrer, who obtained her divorce 30 years ago and runs a divorce support group at the Samuel Field Y in Little Neck, said she is in favor of no-fault legislation. "Anything that makes it easier to get a divorce should be done," she said. "If someone’s not happy with someone they should be able to get divorced. Even if it’s a man, I am a feminist, but people should have the right to choice.

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