For decades, New York resisted no-fault divorce. It sat by as first California and then every other state adopted a statute allowing couples to divorce without proof of a specified form of marital fault. But in 2010, the state adopted a true no-fault provision, which allows divorce based on irretrievable breakdown. With new laws come questions, which New York courts must answer. A recent decision continues that process with a ruling on no-fault divorce and residency requirements, which may seem pedestrian, but which reflects longstanding controversy between states over the leniency of divorce laws and New York’s unique role in this history.
Joanna L. Grossman,
It Just Happened: The Breakdown of a Marriage Is Not a Cognizable Event for Residency Purposes in New York VERDICT
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