New York divorce rates rising, possibly due to no-fault law

Divorce rates are on the rise in some parts of New York, and some believe the trend may be a result of the state's new no-fault divorce law.

2013-04-19

April 19, 2013 (Press-News.org) New York divorce rates rising, possibly due to no-fault law

Article provided by Brooke & Brady L.L.P.
Visit us at http://www.brookelawcenter.com

Divorce rates in some parts of New York State have been on the rise recently, according to a report by YNN. Some experts believe the uptick may be related to New York's new no-fault divorce law, which was enacted in October 2010. The new law has streamlined the divorce process for New Yorkers who wish to part ways without formally assigning blame for the breakdown of the marriage.

Streamlined divorce process

Until recently, couples wishing to file for divorce in New Yorkwere generally required to establish "grounds" for divorce. This process involved assigning fault to one or the other spouse, for instance by showing that he or she had engaged in adultery or inflicted cruelty upon the other spouse.

Under the new law, New York couples have the option of parting ways without proving fault. To file for no-fault divorce, a New York couple must simply show that the marriage is "irretrievably broken." In a nutshell, this means that the relationship is not working out and cannot be fixed.

No-fault divorce offers several potential advantages over fault-based divorce. Many spouses prefer no-fault divorce because it is typically a faster, more streamlined process than fault-based divorce. By eliminating the need to prove who was at fault for the breakdown of the marriage, no-fault divorce helps prevent lengthy court battles over assigning blame. As a result, the no-fault divorce process is not only less time consuming, but also less expensive in many cases.

Reducing animosity during divorce

Another potential advantage of no-fault divorce is that it allows couples to end an unfulfilling marriage without stirring up the additional negative emotions that frequently result from the process of assigning blame. This may help reduce animosity during the divorce process, which can be particularly beneficial to divorcing parents, who often need to remain in close contact about their children after the divorce.

New York parents and other couples who wish to further reduce the stress and animosity involved in the divorce process may choose to use a process known as collaborative divorce. In collaborative divorce, the parties agree to negotiate the divorce outside of court with the help of their attorneys. By resolving the divorce collaboratively rather than competitively, the process helps keep conflict to a minimum. In addition, by an agreement on their own terms outside of court, spouses have a greater degree of control over the outcome than in a traditional courtroom setting -- often leading to a more satisfactory resolution for everyone involved.

Contact an attorney

People considering divorce in New York should consult with an experienced attorney to learn more about the options that are available and discuss the best course of action for their specific circumstances.

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