The Family Law News Blog

Court in India issues injunction against U.S. divorce case

Link: International Family Law News & Analysis: Court in India issues injunction against U.S. divorce case.

(Not that it's necessarily binding in the U.S.)

Hiring hit man to kill husband doesn't affect alimony

Just like the recent alimony-sex-change story, this one from Missouri is not really legal news, because the result is totally unexceptional -- legally, that is. But I must admit that even this lawyer's cold heart and hard head grow a little uneasy as I expound on why nothing, even attempted murder, can be allowed to undo the deal a couple makes in their Property Settlement Agreement. [Full court opinion here.]

Now, if she had done this and been caught before alimony was determined in the first place, it could have prevented or decreased the alimony in some states, like my own state of Virginia, that consider "fault" conduct when making economic decisions.

Speedy New York Divorce Needs Proof of Fault :: WRAL.com

An AP story that's being reprinted all over, for example, here, says:

"New York is the only state that won't allow the speedy dissolution of a marriage without proof that one spouse is somehow at fault, experts say."

Not exactly. New York allows no-fault divorce after one year of living apart in a legal separation, and the separation can be procured either by mutual consent of both parties, or by court order on fault grounds.

But several other states also require one year of separation for a no-fault divorce, although  none of those states absolutely requires fault or mutal consent in order to get a divorce. In Maryland and Pennsylvania, the wait is two years if there is no mutual consent, and one year if there is. They don't require a formal separation order or agreement in order to start the one-year clock, though.

Arkansas probably has the longest minimum waiting time for a consensual no-fault divorce: 18 months, regardless of mutual consent.

Brooklyn Jury Denies A Fault Divorce

Brooklyn Jury denies a fault divorce

Many comments have basically said "Only in New York". But in Northern Virginia, where I practice, fault divorces (like the Taub case) are often dismissed, and some judges often dismiss no-fault divorces because the plaintiff cannot prove one year's separation or six months' in-state residency, as required by the divorce statutes.