Search for: "no fault"

No Right to No Fault Trial; New York Appellate Court Rules

The Appellate Division has unanimously affirmed a trial court decision, which held that there is no right to litigate the allegation that a marriage has irretrievably broken down under New York’s no-fault divorce law. Under New York’s no fault divorce law, DRL 170(7), a divorce will be granted where: The relationship between husband and wife has…
Read more

New York’s No Fault Divorce and Temporary Maintenance Rules Revisited

Though divorce filings are up on Long Island since the New York’s no-fault divorce law took effect 17 months ago, the law is having its intended effect; couples are concentrating on the financial and child custody issues rather airing their dirty laundry in grounds trials. According to Newsday, the number of new divorce cases in…
Read more

New York No Fault Divorce- No Trial

Another New York court has ruled that New York's no-fault divorce statute does not provide a defendant with a right to trial.  In doing so, the court ruled that a party is not entitled to challenge the other spouse's allegation that the marriage has irretrievably broken down. This decision is consistent with a decision from…
Read more

No Fault Divorce: Complete Lunacy or Totally Rational?

In No Fault Nuttiness: Why Modern Divorce is Lunacy, Beverly Willett wrote a scathing criticism of no-fault divorce.    Central to Ms. Willett criticism is her misplaced belief that divorce is about “innocence” “wrongdoers” and efforts to “receive compensation for your loss.”  Divorce is about none of those. Divorce is simply the process of unraveling the marital…
Read more

Divorce Rate Up Since No Fault Divorce Enacted in New York

According to a study, there has been a 12 percent increase in divorce filings since no fault divorce went into effect in New York in October 2010.  The study compares divorce filings over the same seven month period last year.  Rather than falsely assuming that the floodgates have opened and that no-fault divorce encourages divorce,…
Read more

Court Rules There Is No Defense To New York’s No Fault Divorce

There is now some uncertainty as what required in order to obtain a divorce when New York’s “no fault” ground is contested.  A no-fault divorce will be granted in New York when, “The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has…
Read more

Why No Fault Divorce Should Be Enacted in New York

In view of news reports of the hopeful passage by the New York legislature of a “no fault” divorce law, I have been repeatedly asked, “what is no fault divorce” and “why is this no fault divorce so important. A no fault divorce essentially allows a couple to dissolve a marriage without assigning fault; typically…
Read more

Should There Be No Fault Child Custody Laws?

Ruth Bettelheim in the Huffington Post and in an op-ed piece in the New York Times argues that we should have no-fault custody legislation. Ms. Bettelheim’s correctly urges that custody battles are damaging to children. Indeed, most family law practioner’s would agree that children are the unintended victims in contested divorces, particularly when custody is…
Read more

Contact Us Now!
(212) 683-9551