Brian D. Perskin & Associates

Why Has the New York Divorce Risen?

If you are facing divorce in New York right now, you are not alone. The number of divorces in this state rose by 8 percent in 2012, according to The Business Review. So far, divorces in 2012 are on track to rise above 2011's number. But despite the rise in divorces, many experts claim these numbers should actually be higher.

Why Did the Number of Divorces Increase?

The main reason for the rise in the divorce rate in New York is the advent of the no-fault divorce law that was put into place in 2010. Previously, New York couples looking to divorce had to prove who was more at-fault. They had to choose one of the five grounds for divorce, with abandonment and adultery being just two of the possible grounds. In most cases, the person found most at-fault got less out of the settlement. The one way to avoid the confusion of determining fault was to live apart for one year before divorcing, which is not something many people wanted to do.

Not surprisingly, determining fault was time-consuming and appeared to scare off many couples who wanted a divorce. Now that they do not have to prove fault, though, divorce is easier and therefore more common in New York than it used to be. One of the spouses now just needs to claim the marriage has been irretrievably broken for six months or more, and a divorce will likely be the result.

Why Is the Divorce Rate Lower Than Experts Predicted?

Most experts in the legal industry figured the new law would lead to even more divorces than it has. The main reason the rate is slightly lower than expected is the economy. Put simply, many couples just cannot afford to get divorced. They may separate instead, putting off the official divorce until they have the money. Some even decide to stay together, staying married out of convenience.

If you are considering divorce in New York, you probably realize by now it is easier to get one than it used to be. Not having to determine fault can make the divorce case simpler and shorter than it would have been before 2010. However, if you are still not sure if you can afford divorce, you should talk to the legal staff of Brian D. Perskin & Associates P.C. We will be happy to look over your case at an initial consultation, and let you know the likely costs you will be facing. Let us know if you are worried about fitting divorce into your budget. We have successfully handled countless cases for clients who had a budget like you, so we are confident we can work something out when you just want to get out of your marriage.

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