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 Senate Committee on the Judiciary advanced legislation (S.3890/A.9753), sponsored by Senator Ruth Hassell-Thompson and Assemblyman Jonathan Bing, that would allow a judgment of divorce to be granted to either a husband or a wife without assigning fault to either party.  The legislation now moves to the full Senate for consideration.

The legislation would allow for divorce when a marriage is irretrievably broken for a period of at least six months, provided that one party has so stated under oath.  A judgment of divorce can then only be granted if the following issues have been resolved: the equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and expert fees and expenses, and infant custody and visitation rights.  The bill is supported by the New York State Bar Association.

However, the fate of the legislation is still highly uncertain. The bill is opposed by New York State chapter of NOW, as well as other groups.

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