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No-Fault Divorce

By Elliott Scheinberg
February 27, 2013

In Gleason v. Gleason, 26 N.Y.2d 28 (1970), the Court of Appeals heralded the benefits to society from the 1966 Divorce Reform Law, which repealed New York's “ancient divorce laws, which for almost 200 years sanctioned divorce solely for adultery.” Among the new grounds was the conversion divorce based on living apart for more than one year following a written and acknowledged agreement ' New York's closest brush with no-fault divorce up to that point.

The 1966 grounds persisted as the exclusive basis for divorce in New York for 44 years, notwithstanding the national no-fault trend that swept through the other 49 states. But, as every New York attorney knows, on Aug. 13, 2010, New York ended its distinction as the final frontier to embrace wrongdoing as the exclusive criterion for terminating defunct marriages. The legislature, nevertheless, preserved traditional fault based divorces, perhaps to shield religious or other concerns, such as immigration.

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