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No-Fault Divorce on Front Burner

By ALM Staff | Law Journal Newsletters |
November 02, 2004

New York remains the only state in the union without a no-fault divorce provision on its books. Domestic Relations Law ' 170 authorizes divorce on grounds of adultery, abandonment and cruel and unusual treatment, but the closest thing to a no-fault divorce in this state is the recorded separation agreement followed by a year of living separately. Although this last ground might seem simple enough to comply with, it requires agreement by the parties and the often-expensive maintenance of separate residences before the marital assets have been distributed. If the New York State Bar Association has its way, all this will soon change.

Proposed Amendments

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