Update on Progress of New York’s No-Fault Divorce Legislation
I have previously written about the lack of no-fault divorce in New York and the highly uncertain future of the bills creating no-fault divorce in New York. Earlier this month, the New York State...
View ArticleGrounds for Divorce Revisited
I have previously discussed New York’s grounds for divorce and lack of no-fault divorce. While the cases have traditionally stated that the longer is the duration of the marriage, the higher is the...
View ArticleAnother Update On No-Fault Divorce In New York
I have previously written about the slow progress of no-fault divorce legislation though New York’s Senate and Assembly here and here. Finally, it appears that New York is on the cusp of passing...
View ArticleNo-Fault Divorce Becomes Law In New York
The no-fault divorce bill has been signed by the Governor Patterson and will go into effect in 60 days. That means that starting on October 13, 2010, someone who wants to be divorced in New York will...
View ArticleMajor Changes in New York’s Family Law Are Now In Effect
Today is the day when New York’s family law begins a new era. The no-fault divorce law is now in effect and grounds for divorce will no longer preclude someone from obtaining a divorce. In addition...
View ArticleCan a Divorce on No-Fault Grounds Be Opposed?
One question that so far has not been resolved with any degree of certainty by the courts is whether in a divorce action brought pursuant to the new no-fault divorce statute requires specific proof...
View ArticleA Cause of Action for DRL 170(7) Can Be Added to A Divorce Complaint Filed...
One of the more interesting procedural issues that arose after the New York State Legislature added a cause of action under Domestic Relations Law §170(7), irretrievably broken marriage for a period of...
View ArticleStatute of Limitations and No-Fault Divorce
Since no-fault divorce became law in New York State almost 2 years ago, it was still unclear whether a statute of limitations would apply to to a cause of action under Domestic Relations Law §170(7),...
View ArticleThere Is No Right to Grounds Trial In A No-Fault Divorce Case
I have previously written on the issue of whether there was a right to trial in a divorce case brought under the no-fault grounds. Earlier, trial level decisions were split, with some courts holding...
View ArticleStatement That Marriage Was Irretrievably Broken Is Sufficient to Establish...
I have previously written about the issues associated with the grounds for divorce under the no-fault statute (Domestic Relations Law §170(7)). Prior decisions associated with issue were trial level...
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