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New York Becomes Last State to Allow No-Fault Divorce

Last Sunday, Governor Paterson signed into law a bill which allows couples in New York to file for divorce without a prior year long legal separation or fault. Previously, married couples seeking divorce would have to declare blame; one spouse had to be at fault, either for abandonment, adultery, cruel and inhuman treatment, or imprisonment.

The new law is expected to decrease the cost and time of many divorces. The Governor stated that it would also decrease the contention and emotional trauma of an already difficult time.

No fault divorces can be unilaterally filed by one spouse, and only require that the marriage has been "irretrievably broken" for the past 6 months.

North Carolina has a no fault divorce, although it is in the minority in that it requires that couples live apart and separate, with the intention of the separation to be permanent, for at least one year prior to divorce.

Contact a Raleigh Divorce Lawyer at Hopper Law if you have any family law issues or are seeking a divorce.

Categories: Divorce

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