New York Signs “No-Fault Divorce” Into Law

Governor Paterson signed into law a bill making New York the last state to allow no-fault divorce. Prior to this, divorces could only be granted on grounds of cruelty, adultery, abandonment, or imprisonment, often resulting in a kind of unavoidable perjury in cases when both sides wanted a divorce.

The new law lets a person divorce on the ground that their marriage has been irretrievably broken for 6 months.

However, all issues regarding child custody, child support, spousal maintenance, and property distribution must be resolved prior to the divorce.

The Governor also signed separate bills affecting spousal maintenance and awards of legal fees in divorce actions.

The law will now allow couples to split based on irreconcilable differences, and lowers the waiting period from one year to six months. After signing the bill, Paterson declared “Finally, New York has brought its divorce laws into the 21st century.”

The new law allows New York couples to divorce by mutual consent and does not require a spouse to accuse the other of misdeeds, including adultery. Conservative family groups and feminists are among the critics of no-fault divorce.