Another common misunderstanding about the new no-fault divorce law is that it is not unilateral divorce. You still need to know where your spouse is to serve them, so that they can sign the divorce papers or decide to contest the divorce. You cannot simply get divorced without your spouse’s consent or knowledge.
One of the many problems that New York’s fault based divorce laws resulted in was that it inadvertently encouraged perjury. How could a law promote an illegal act? Its simple. By requiring couples to jump through unreasonable hoops in order to be granted a divorce, the law was actually provoking couples to tell them what they wanted to hear just so they could get out of their failed marriages. A lot of couples thought that the state government had no right to tell them whether or not they could get divorced and so they resorted to lying as a means to get out of their marriage. A comedic example of this were the numerous cases where a pregnant wife would claim the fault grounds of constructive abandonment, meaning that she and her husband had not had sex for over a year, but the child was theirs. Go figure?
After the New York Supreme Court began accepting divorces based on no-fault grounds on October 12, 2010, there has been a tangible sense of freedom in the air. When people who were unable to get divorced for years are finally able to end their failed marriages, the excitement and relief is palpable.
The new no-fault divorce law has made getting a divorce in NY much easier.
David Centeno is the founding member of the Law Office of David Centeno, PLLC, a boutique divorce law firm in New York City. The law firm offers free consultations to anyone considering getting a New York no-fault divorce. Call (866) 830-2064 to schedule your free consultation today. To obtain original content from David Centeno, Esq. please call the number above to discuss guest blogging, exclusive article writing, journalistic content, and all other forms of content creation.