Allows for no fault separation

Shorter divorce waits and no-fault separation

In New York, the law cuts the wait for divorce under a qualifying separation order or agreement from one year to six months. Spouses must live apart for at least six months after the court grants the order or they sign the written agreement. The spouse seeking divorce must give satisfactory proof that they substantially followed its terms. The agreement can be filed with the county clerk where either spouse lives, or a signed, formally acknowledged or proven memorandum can be filed instead. That memorandum must include both spouses’ names and addresses, the marriage date, the agreement date, and the signing and acknowledgment or proof date. The law also allows no-fault legal separation when the marriage has broken down beyond repair for at least six months. One spouse must state this under oath. That case cannot proceed until spousal support or its waiver, child support, lawyer and expert fees and expenses, and minor children’s custody and visitation are settled or decided by the court and included in the case. These changes apply to matrimonial cases started on or after the effective date, 60 days after enactment.