In October 2010, New York State added a no-fault ground as a way to file for a divorce. This means that couples seeking divorce are no longer required to prove that their divorce is the result of specific types of marital disputes. Interestingly, New York was the last state in the nation to adopt no-fault ground rules.
The New York Law Journal noted on June 6th, 2012 that there have been five judgments in favor and four rulings against the no-fault ground standard. These rulings deal with â€œcontestabilityâ€ or the right to go to trial. An appellate court (a higher-level court) has not heard the issue of trials as it relates to the new standard.
A Manhattan judge recently ruled in 401835/11, Williams v. Robins, Â that a trial is not needed for a no-fault grounds divorce. The judge wrote that the â€œirretrievable breakdown of the marriage is sufficient to establish that ground for divorce as a matter of law,â€ meaning that the judge is in favor of no-fault grounds for divorces. Additionally, the judge ruled that no-fault divorces should not go to trial.
We encourage you to speak to a qualified attorney if you are considering divorce or other family law matters, including orders of protection. Call the law offices of Jayson Lutzky, P.C. to set up a free initial consultation or visit us online (www.MyNewYorkCityLawyer.com). Over the past 29 years, Jayson has had a proven record of success.