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In the case of adultery, New York has stringent standards that do not even permit as sufficient proof a spouse's own admission to adultery. Scorned spouse's would desperately need to show that their husband or spouse had cheated on them as their final act of retribution, but sometimes they could not meet the high bar that New York set to show adultery. That is why divorce mediation in New York City has become common. You would need to spend lots of money on attorneys' fees, risk further hurting your relatives in an ugly divorce and waste lots of time trying to meet these burdens of proof at trial. As you can see, the elderly process of fault based divorce was archaic at best and the reason for lots of issues that are finally now avoided with the new no-fault regime or likewise. Under the process of divorce mediation attorney new york the city has no-fault divorce law, you can get divorced if your marriage has been "irretrievably" broken for six months. This means that as long as you and your partner agree that you need to get divorced and won't argue the fact that your marriage has not been working for six months you can get divorced. Although, there is caveat to New York's no-fault divorce law: you need to have been married for at least six months in order to claim that your marriage has been failing for six months. You would be surprised how plenty of calls our law firm gets from individuals who have been married for a month or and already need out. One of the lots of issues that New York's fault based divorce laws resulted in was that it inadvertently encouraged perjury. How could a law promote an illegal act? It’s simple. By requiring couples to jump through unreasonable hoops in order to be granted a divorce, the law was actually provoking couples to tell them what they desired to listen to so they could get out of their failed marriages. A lot of couples thought that the state government had no right to tell them whether or not they could get divorced and so they resorted to lying as a method to get out of their marriage. A comedic example of this were the numerous cases where a pregnant spouse would claim the fault grounds of constructive abandonment, meaning that they and her husband had not had sex for over a year, but the child was theirs.
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