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No Fault Divorce Comes To New York

dealdivorce-150x129New York is now joining the other 49 states in the United States with regard to divorce laws. The New York State Assembly has passed a no fault divorce law. Now both the State Senate and the Assembly have passed the liberalized New York divorce law, and it is anticipated that Governor Patterson will sign the new no fault divorce law very soon.

The new no fault divorce law will provide a ground for divorce where one spouse can unilaterally end a marriage by swearing under oath that the marriage has been broken beyond repair for at least six months. This is a major change in the divorce laws of the State of New York. New York was the last hold out to the modernization of its divorce laws; New York is now in synch with the other 49 states.

Up until now to obtain a divorce in New York, one party had to prove a fault ground such as cruel and inhuman treatment, abandonment, constructive abandonment, or adultery. The only ground for a no fault divorce was living separate and apart pursuant to a written separation agreement for one year.

It should be noted that the new divorce law only deals with the issue of fault. It does not deal with issues concerning child custody, visitation or division of property (equitable distribution).

The new law will allow individuals in an unhappy marriages to get divorced more quickly than they could have in the past. Critics claim that the new divorce law will allow people to place less importance on marriage and therefore increase the divorce rate.

Some critics have raised issues concerning the new divorce law with regard to individuals abandoning critically ill spouses. In situations where a spouse may need to go into a nursing home, obtaining a divorce may free the individual from supporting the spouse and create a further burden on Medicaid or other publically funded programs to pay the expenses for the nursing home. There is also concern that more affluent spouses will use the new divorce law to quickly end marriages and leave the less affluent spouses destitute.

I believe the new New York No Fault Divorce Law is a good thing for the residents of the State of New York. It may help simplify some divorces and make the system more efficient and user friendly. Query: Should marriage now become contract that is subject to renewal every 5 years?

If you have any questions concerning New York Divorce, contact the divorce attorneys at the Law Offices of Schlissel DeCorpo by email or at 1-800-344-6431.

Tiger Woods and Elin Nordegren’s Post-Marriage Pre-Nuptial Agreement?

tiger_woods__elin_nordegrenReports have been circulating the past few days that Tiger Woods has been in negotiation with his wife Elin to “update” the pre-nuptial agreement to induce her to stay in the marriage after news of several of his extra-marital affairs became public.

Originally, the couple’s pre-nuptial agreement, signed in October of 2004, stipulated that Ms. Nordegren would receive a $20m payment from Mr. Woods after 10 years of marriage, which would have been in the year 2014. But with the recent revelations, news sources have reported that he has offered her an immediate payment of $5m and an additional $55m if she stays with him until October of 2011. The new agreement would reportedly also given her even another $20m if she stayed longer (totaling $80m). It would have also required her to attend public events with him and allow him to show the world (and his corporate sponsors, who are sticking with him so far) that he and Ms. Nordegren had reconciled completely.

These reports make it (mildly) surprising that she left for Sweden this week, thus potentially forfeiting any payment under either the old pre-nuptial agreement or any new agreement. It would definitely be understandable if she simply felt that no amount of money is worth staying in a miserable marriage. Alternatively, her stay overseas may be temporary and the couple will be getting back together. Not much is known publicly at this point.

It is noteworthy that although most news sources are reporting that the couple were in negotiations to sign a new “pre-nuptial agreement,” that term is not the correct one. If a couple who is already married signs the equivalent of a pre-nuptial agreement, it is called a “post-nuptial agreement” because the nuptials have already taken place.

You can always contact the office by phone at 800-344-6431 or by e-mail for questions about pre or post-nuptial agreements, divorce, or any other kind of legal matter.

Picture courtesy of thisisdiversity.com.

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