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07.10.08, 11:40 AM New York City
15 replies
Why is NY the only state with No Fault divorce? And what does that really mean? Do you have to divorce wear you live? [ Reply | Watch | Flag ]
New York City 07.10.08, 11:40 AM Flag
 

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There are many no-fault divorce states. [ Reply | More
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General Topics 07.10.08, 11:41 AM Flag
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OP: OK. My friend just told me that. Any insight on my other questions? [ Reply | More
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General Topics 07.10.08, 11:43 AM Flag
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NY is actually one of the few states WITHOUT no fault divorce. you have to show grounds, or a signed separation agreement plus a year's wait. and yes, you have to divorce where you or your spouse has residence. [ Reply | More
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General Topics 07.10.08, 11:42 AM Flag
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Exactly. My lawyer said NY's no fault option was [ Reply | More
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General Topics 07.10.08, 11:46 AM Flag
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got cut off - the NY option was "Marital Abandonment" which means you say you & dh have not had sex in 6 months which since no one can prove it is effectively "no fault. This only works of course if you both want a quickie divorce. [ Reply | More
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General Topics 07.10.08, 11:48 AM Flag
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I was told it was six months. Whaaaahoooooo - I can file tomorrow! [ Reply | More
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General Topics 07.10.08, 11:49 AM Flag
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its not jsut that you haven't had sex. it is that the other spouse has refused to do it -- constructive abandonment. [ Reply | More
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General Topics 07.10.08, 11:50 AM Flag
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So one spouse has to take the blame? Does it affect divorce settlement? [ Reply | More
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General Topics 07.10.08, 11:52 AM Flag
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no. fault is irrelevant to property issues. (and custody, if that's an issue for you) [ Reply | More
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General Topics 07.10.08, 11:54 AM Flag
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Not for me luckily, but a good friend is getting divorced and it is getting nasty. [ Reply | More
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General Topics 07.10.08, 11:59 AM Flag
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That is the problem with NY and I don't know why it is so behind the times. yes, one person has to be at fault for a specified reason (chosen from a list of reasons). It is terrible. Wake up NY - let people simply have irrecon. diff. [ Reply | More
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General Topics 07.10.08, 11:55 AM Flag
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every time reform is proposed NOW is among the leaders. divorce is, statistically, bad for wome economically adn this is seen as a wya to mitigate its bad effects. i don't agree, but that is the reasoning. [ Reply | More
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General Topics 07.10.08, 11:58 AM Flag
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^^oops, i mean NOW leads the opposition to reform. [ Reply | More
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General Topics 07.10.08, 12:00 PM Flag
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How are the bad effects mitigated? Is the guy usually the one taking the blame? And if it does not affect settlement, it does not help any does it? [ Reply | More
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General Topics 07.10.08, 12:01 PM Flag
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np (and a lawyer): does not affect settlement. grounds for divorce and settlement are two entirely different issues for the judge to determine. [ Reply | More
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General Topics 07.10.08, 11:56 AM Flag
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