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August 21 By jrlk

New York Becomes 50th State to Recognize No Fault Divorce

New York recently became the 50th state to enact some version of no-fault divorce legislation.  No-fault divorce allows couples to seek a divorce based upon an “irretrievable breakdown” of the marriage, “irreconcilable differences,” or simply “things are not working and we want a divorce.”  California was the first state to recognize no-fault divorce in 1970.

Prior to the introduction of no-fault divorce, a person seeking a divorce would have to prove his/her spouse was at fault, based upon such grounds as abandonment or adultery.  A judge would hear these allegations, and the other spouse could provide defenses.  The judge would then make a decision based upon whether the first spouse had proven the second spouse was at fault.  If so, the first spouse was entitled to a divorce.  In some cases, a judge could decide both spouses were at fault, and as such neither spouse was entitled to a divorce.

No-fault divorce allows divorcing couples to divorce amicably and without the need to air dirty laundry or make accusations.

Filed Under: Divorce, News Tagged With: Divorce, News

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