A matrimonial commission established by the state’s chief judge, Judith Kaye, has recommended that New York join with the rest of the nation and enact a no-fault divorce law.
Overview of the Current Divorce Law in New York
As a divorce attorney operating in New York, I’ve observed firsthand the complexities and challenges presented by our state’s fault-based divorce system. Under the current law, couples wishing to divorce can either live apart under a separation agreement for a year or more or cite one of four fault-based grounds: adultery, cruelty, abandonment for at least a year, or imprisonment for three years or more. This system not only complicates the process but also prolongs the emotional and financial strain on all parties involved.
The Matrimonial Commission’s Recommendation
A matrimonial commission, established by New York’s Chief Judge Judith Kaye, has put forward a suggestion that resonates with the necessity for change I see every day in my practice. The commission recommends that New York align with the majority of the United States by adopting a no-fault divorce law. This reform would streamline the divorce process, reducing both the cost and the duration of divorce proceedings.
Inefficiencies and Bitterness in Fault-Based Divorce
The requirement for one party to be found at fault underpins much of the bitterness and adversarial conflict in divorce proceedings. The fault-based system compels couples to either fabricate a fault through perjury or engage in invasive and contentious legal battles to prove fault, thereby escalating conflict and resentment. Often, judges across the state find themselves in the uncomfortable position of having to coax or pressure the parties into agreeing on a ground for divorce, such as constructive abandonment, even when the parties themselves may not feel comfortable swearing to these grounds.
The Case for Change
Adopting a no-fault divorce law would represent a significant positive shift in how divorce proceedings are handled in New York. It would eliminate the need for couples to air their personal grievances in a public forum or lie under oath merely to dissolve their marriage. This change would not only decrease the bitterness involved in the legal process but also reflect a more humane and modern approach to handling the dissolution of marriage.
Hiring a Manhattan Divorce Attorney
It is clear that New York’s divorce laws are in dire need of modernization to alleviate unnecessary burdens on individuals seeking to end their marriages. The implementation of a no-fault divorce system would be a step towards a more and equitable, efficient, and humane legal process. As someone who advocates for the rights and well-being of those going through this difficult life transition, I firmly support the matrimonial commission’s recommendation. New Yorkers deserve a divorce system that respects their privacy, reduces conflict, and allows them to begin new chapters in their lives without undue distress.
For those navigating the complexities of divorce, seeking knowledgeable legal counsel is crucial. At my law firm, we are committed to providing strategic advice and compassionate representation to protect your interests during this challenging time. If you are considering divorce, contact us today to discuss how we can assist you in navigating the process as smoothly and swiftly as possible.