I just read about this exciting news – New York – the last holdout – is finally considering to join the rest of this Country in changing to No-Fault Divorce. This is such good news as it will remove the blame out of getting divorced in New York and just allow couples to focus on and proceed to the divorce and the other difficult aspects such as separating all of their property and creating parenting plans.
The way things are now, if a couple decides to divorce in New York State, they cannot unless they can establish one of several “bad things” that happened in the marriage such as infidelity, cruel and inhuman treatment, abandonment or separation and then once they establish that, they can ask the court to end their marriage. With no fault, neither spouse will have to establish “fault” of the other, and they can simply seek a Judgment of Divorce.