No Fault Divorce Increases Divorce Rates

father's rights lawyerNew York has had a no fault divorce law for approximately 20 months. During this period of time, divorce rates have increased throughout New York State between 6 and a 9%. This is a similar increase other states experienced when they adopted no fault divorce law.

Irreconcilable Differences

To obtain a divorce in New York, you no longer have to allege cruel and inhuman treatment, adultery, abandonment or living separate and apart under a written agreement of separation for a period of more than one year. All you have to allege is you have irreconcilable differences with your spouse for a period in excess of six months. You don’t even have to explain what the irreconcilable differences are. Not getting along for six months is enough to get you divorced in New York State!

So now you’re involved in a divorce and you have alleged irreconcilable differences. Issues such as equitable division of property, custody of children, child support, spousal maintenance (alimony), health Insurance and other issues still must be resolved.

 Negotiate Your Divorce

            The best way to deal with a divorce is to negotiate all the issues out of court and enter into a written agreement concerning these issues. This will most often eliminate the need for either of the parties to the divorce to actually appear in court. A trial is not necessary under the new No Fault divorce law.

 Spousal Maintenance

            At the time the No Fault divorce law was passed, the legislation in New York passed a method for calculating temporary spousal maintenance (alimony). This is the amount of money the party to the marriage with the superior earning power pays to the party of the marriage with lesser earning power. Unfortunately, the new statute, instead of simplifying matters, made it more complicated and has resulted in many unfair court decisions. The temporary spousal maintenance statute doesn’t deal with who has to pay the household bills such as mortgage payments, electricity payments, fuel oil payments and cellphone payments. They are not dealt with in this new temporary maintenance statute. It is expected that in 2013, the legislature will consider amendments, recommendations and modifications to this temporary maintenance statute.divorce and father's rights

About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 45 years representing individuals in matrimonial and family law cases.