Irretrievable Breakdown Urged By New York Bar As A Grounds For Divorce

The New York  State Bar Association listed no-fault divorce as one of its key legislative priorities for 2007.

As I previously detailed, New York is the only state that does not have a no-fault grounds for divorce.   The absence of a true no fault divorce has often resulted in costly legal proceedings and bitter custody fights even in cases where both spouses want a divorce.

The Bar Association is advocating a grounds of divorced based upon the  "irretrievable breakdown" of the marriage.  According to Bar Association President Mark Alcott, this would address problems associated with finding fault in a divorce. This leads to increased litigation costs and worsens confrontations between the spouses, according to the association.

New Jersey recently approved an irretrievable breakdown of six months as a basis for  divorce.

Also on the domestic relations front, the State Bar  wants the Legislature to provide either a domestic partner registry, civil union law, or an amendment to the definition of marriage to give same-sex couples the same legal rights as married heterosexuals.

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