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June 21, 2010

New York may be last in US to approve no-fault divorce

Julie Chang left her husband after 13 years and two children and filed for divorce, claiming cruelty. New York courts let her out of the marriage seven years later, minus $40,000 and after suffering what she called judge-sanctioned harassment.

“The process of trying to prove fault made an already bad relationship worse,” Chang said. “This whole seven-year process was simply about grounds.”

While every other state allows what’s called no-fault divorce, New York judges under a 1966 law can grant divorce only on grounds of cruelty, adultery, abandonment or getting sent to prison for at least three years. They also can grant a divorce one year after a couple file a separation agreement when both sides consent.

Chang stood last week in support of state senators who pushed for a bill to allow one spouse to unilaterally opt out of marriage after swearing under oath that the relationship has broken down irretrievably for at least six months. Property division, alimony, child custody and support would have to be resolved first.

via New York may be last in US to approve no-fault divorce – BostonHerald.com.

posted to Divorce,Mediation @ 10:15 am

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