No-fault divorce is the law of the land, with one glaring exception: New York. Now, it should go without saying that we love NY. But in some respects, it is really behind the times.
Each year, it seems, a no-fault bill is debated in Albany. This year, however, it may actually pass! For years, divorcing couples have had to choose between waiting a year pursuant to a separation agreement or suing one another on grounds such as abandonment or sexual abandonment. The bill pending now has the most traction we’ve ever seen — and so we’re hopeful. It provides that, should financial and parenting issues be resolved (which is what we aim to achieve with parties in mediation), parties can proceed without fault-based grounds. While the rest of the nation may yawn, in NY, we will breathe a sigh of relief.