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June 25, 2010

Pending approval, NYS could be last state to adopt no-fault divorce

NEW YORK STATE (WKTV) - New York State is said to be moving in the direction of no-fault divorce.

What does that mean to you?

Right now in Oneida County, if you are seeking a divorce, you're looking months ahead before even getting into a court room for a grounds trial - a legal journey that can an extremely long process.

Under the current divorce law, one spouse must take the blame for the split, even if both sides agree the marriage can't be saved. To get a divorce, one party must allege cruel and inhuman treatment or adultery or abandonment, or the couple must be legally separated for one year. By eliminating much of the specific criteria that couples must meet before a divorce can be granted, a no-fault divorce would speed up the legal process.

"This way it's not like a separation agreement," said Attorney Julie Giruzzi-Mosca. "But there's no dispute. (one side) wants the divorce, (another side) doesn't want the divorce...you're (still) getting the divorce. There's no trouble getting the divorce and then you're just left with the issues of the custody, such as the child support."

New York State is the last state to adopt a no-fault divorce law.

Governor Paterson is expected to support the bill if both houses of the legislature approve it. The senate has already approved legislation.

Opponents to the bill include the Roman Catholic Church, which objects to making divorce easier.

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