I
n recent times, as little as two years ago, New York became the last state in the country to pass a comprehensive no-fault divorce law that would help eliminate the scenario of having one spouse being held responsible for the ending of the marriage. It was proposed that this law implementation, as it has shown in many other states, will help eliminate lengthy divorce trials, and reduce costs and time of he-said-she-said court battles. And in many cases, New York’s divorce law reform has worked. However, there are concerns being raised about the many interpretations of the law, and in many cases it is having the opposite intended effect.
Slow to a Fault
In some no-fault divorce proceedings, judges have interpreted the law in different ways. Some have called for trials and forced couples to prove whether the marriage is “irretrievably broken.” Because of this, couples in varying counties are held to different divorce processes and regulations. Many have still gone through lengthy and expensive legal proceedings despite the effort and implementation of reform.
Open to Interpretation
As it is with many laws, some courts and judges interpret the law differently, and therefore will implement different processes. This is a microcosm of the fact that every county, and again every state, has varying divorce laws, residency requirements, and grounds on which you are able to get divorced. There is also a statue in the New York divorce law that can prevent a judge from making a dissolution of a marriage final until all the financial and custody issues have been settled.
Many lawyers have voiced their concerns, stating the legislature has not clearly defined the definition of a no-fault divorce. Lawyers state if one spouse wants to dissolve the marriage, it should be dissolved. Clearly, this matter can never truly be worked out to a perfect form, but, as with many laws, continual revision and updates are needed in order to provide both protection for those involved and the inherent rights for spouses to pursue a divorce.
For couples who can amicably split, and are pursuing a no-fault uncontested divorce, an online divorce may be their safest bet. At MyDivorcePapers.com, we have the legal forms for every state you will need to divorce quickly and painlessly. Just complete a brief interview, and we can help move forward with your no-fault divorce and get you on to the new phase of your life. To learn more about certain divorce laws in your state, or how to file for an online divorce, visit www.mydivorcepapers.com today.