HOW DO I GET OUT OF THIS MARRIAGE?

Till Death Do Us Part

The old adage - “till death do us part” - was historically taken quite seriously in New York, as for hundreds of years divorce was actually illegal in the State.

New York Legalizes Divorce - Barely

Then in 1787, New York allowed spouses to become divorce, but only under the grounds of adultery. And mind you, adultery was (and technically remains) a crime punishable by jail.

Real Reform?

This ‘reform’ lasted for an astounding 187 years. But then in 1966, New York added several more ways beyond adultery to get divorced :

Cruel and inhumane treatment
- the danger of physical and or mental health within the past five years

Abandonment
- that one has been physically left by their spouse for one year or more

Imprisonment

- of at least three years

Separation
- by legal decree or valid agreement between the spouse for one year or more

That was it. Despite the seemingly vast reforms of 1966, New York did not add ‘no-fault / irreconcilable differences’ to the list of ways to get a divorce at that time.

Better Late Than Never - ‘No-Fault’ Divorce Arrives

It was not until 2010 that New York finally became the very last State in the Country to enact ‘no-fault’ divorce. Now a spouse can obtain a divorce in New York on the grounds of ‘irretrievable breakdown’ - that the marriage has broken down irretrievably for at least six months. But even still, the Court cannot give you a divorce on these grounds until after property, custody, visitation, spousal support, and child support have been settled or decided.

For Help With Divorce and All Family Law Cases

Contact - The Law Offices of Steven Gildin

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